Devepolment of Pledge Legistaion and Formation of Pledge Subject in Russia in the 17th – early 20th Centuries
https://doi.org/10.18384/2310-6794-2023-1-69-80
Abstract
Aim. To analyze pledge legislation and survey the subject formation for mortgage in the 17th – early 20th centuries.
Methodology. The key aspect of the research is the analysis of legal acts and the archives in order to fully present the stages of development and formation of provisions on mortgage and real estate. The dogmatic method allowed selecting and interpreting legal acts related to the topic of the research. The dogmatic method made it possible to select and interpret the regulations belonging to the theme of the research. The generalization of the sources analyzed enabled the author to follow the direction and character of the pledge legislation development, as well as the reasons that prompted the legislators to adopt certain regulatory acts.
Results. The formation of pledge legislation and mortgage subject in the 18th – early 20th centuries is analyzed in detail. It is shown that the historical context of events is connected with the logic of the legislator, it is also stated that the viability of a regulatory legal act is in a number of cases depends on the personality of a legislator, i.e. the head of the state.
Research implications. The results of the research contribute to the study of pre-revolutionary pledge law. The article will be useful to experts in state and law, since the pledge of real estate (mortgage) is still a relevant issue in the world.
About the Author
N. Abramova
Lomonosov Moscow State University
Russian Federation
Russian Federation
Nadejda V. Abramova, Postgraduate student
Faculty of Law
Chair of History of State and Law
119991
Leninskye Gory 1
Moscow
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