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The development of Russian civil law in the works of Russian scientists in the end of XIX - the beginning of XX centuries

ФИО студента: Tatyana Ananeva

Руководитель: Anastasija S. Tumanova

Кампус/факультет: Faculty of Law

Программа: Legal History, Theory and Philosophy of Law (Master)

Оценка: 7

Год защиты: 2017

The objective of the thesis research involves investigation of state of pre-revolutionary Russia civil jurisprudence and trends of its development in view of Civil Code elaboration. Considered within the master’s thesis were works of the following classicists of domestic civil law: A.S. Krivtsov, V.I. Golevinskii, G.F. Shershenevich, I.A. Pokrovskii, K.D. Kavelin, K.I. Malyshev, L.S. Tal, N.A. Poletaev, N.N. Tovstoles, P.P. Tsitovich, S.A. Muromtsev, Yu.S. Gambarov and others. Defined in the thesis work are not only principal trends of domestic civil law development of late XIX - early XX century, but, on the grounds of the revealed trends, performed is the analysis and systematization of domestic civilists’ outlooks for the civil law evolution within the Code Book of the Russian Empire. Besides, analyzed in the master’s thesis are outlooks of Russian civilists of the considered period for the following civil law problems personality problem in the civil law (thoroughly studied are the works of I.A. Pokrovskii “Abstract and specific person in civil law (Prolegomena to the forthcoming discussion of liability law project)” and L.S. Tal “Personality problem in civil law”) and separate issues of liability law and performance bonds (studied for instance, by V.I. Golevinskii “About the origin of liability sharing”, N.A. Poletaev “Fictitious and fraudulent deals, impecuniosity, causa obligationis and unlawful enrichment under the liability law project”, N.N. Tovstoles “Essence of a bail in historical development under the Russian civil law”). Recognized in the master’s thesis is a high level of domestic civil law of late XIX – early XX century, distinguished are the factors affecting formation of separate trends of its development.

Full text (added May 15, 2017)

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