TY - GEN

T1 - Social and Economic Consequences of the Possessory Remedies in Imperial Russia

AU - Rudokvas, Anton

N1 - Rudokvas A. Social and Economic Consequences of the Possessory Remedies in Imperial Russia / Rechtshistorische Reihe. Band 488. Law and Economics in Urban and Rural Environment. 9th Conference in Legal History in the Baltic Sea Area. / ed. M. Luts, F.L. Schafer. Berlin. 2020. p. 329 - 338

PY - 2020

Y1 - 2020

N2 - The Judicial Statutes of 1864 introduced, in Imperial Russia, a special claim in the jurisdiction of the Justice of the Peace for the restitution of previous possession after its spoliation. This granting of legal protection to anybody who was in possession regardless of the presence of a legal title often resulted in effective spoliation of someone else’s property by means of the possessory remedies, because a standard practice was lacking in regard of the understanding of the concept of possession in its practical application, and in many other aspects. The situation provoked a huge increase in the number of crimes of violence, and was seriously harmful for the national economy in the Russian Empire. This bad experience explains why the majority of judges in Imperial Russia resisted the incorporation of possessory remedies in the Draft of the Civil Code of the Russian Empire, which finally failed due to the Revolution of 1917. Probably it was one of the practical reasons why in the Soviet period the possessory remedies were substituted by the application of the rule qui possidet dominus esse presumitur for the rei vindicatio. The existing Civil Code of the Russian Federation knew only a petitory remedy comparable with the actio in rem Publiciana of Roman law as a partial functional substitute for the possessory remedies. The recent new attempt to implement possessory remedies in the Russian Civil Code during the second wave of the post-Communist recodification failed above all because many Russian lawyers...

AB - The Judicial Statutes of 1864 introduced, in Imperial Russia, a special claim in the jurisdiction of the Justice of the Peace for the restitution of previous possession after its spoliation. This granting of legal protection to anybody who was in possession regardless of the presence of a legal title often resulted in effective spoliation of someone else’s property by means of the possessory remedies, because a standard practice was lacking in regard of the understanding of the concept of possession in its practical application, and in many other aspects. The situation provoked a huge increase in the number of crimes of violence, and was seriously harmful for the national economy in the Russian Empire. This bad experience explains why the majority of judges in Imperial Russia resisted the incorporation of possessory remedies in the Draft of the Civil Code of the Russian Empire, which finally failed due to the Revolution of 1917. Probably it was one of the practical reasons why in the Soviet period the possessory remedies were substituted by the application of the rule qui possidet dominus esse presumitur for the rei vindicatio. The existing Civil Code of the Russian Federation knew only a petitory remedy comparable with the actio in rem Publiciana of Roman law as a partial functional substitute for the possessory remedies. The recent new attempt to implement possessory remedies in the Russian Civil Code during the second wave of the post-Communist recodification failed above all because many Russian lawyers...

KW - владение

KW - владельческая защита

KW - императорская Россия

KW - possession

KW - possessory remedies

KW - Imperial Russia

UR - https://www.peterlang.com/view/title/72171?v=toc

U2 - 10.3726/16496

DO - 10.3726/16496

M3 - Conference contribution

T3 - Rechtshistorische Reihe

SP - 329

EP - 338

BT - Recht und Wirtschaft in Stadt und Land Law and Economics in Urban and Rural Environment

A2 - Luts, Marju

A2 - Schafer, Frank L.

PB - Peter Lang

CY - Berlin

T2 - 9th Conference in Legal History in the Baltic Sea Area: Recht und Wirtschaft in Stadt und Land/Law and economics in urban and rural environment. The „Rechtshistorischen Reihe“ Peter Lang

Y2 - 16 May 2018 through 20 May 2018

ER -