|Title of the article
LEGAL REGULATION OF LIABILITIES AS A RESULT OF CAUSING HARM IN RUSSIA IN THE SECOND HALF OF XIX – EARLY XX CENTURIES
Sukhomlinov Oleg Igorevich, Postgraduate student, Penza State University (40 Krasnaya street, Penza, Russia), firstname.lastname@example.org
Background. The work describes the historical and legal analysis of legislation and legal and theoretical resesrch of liabilities, specifically, the liabilities as a result of causing harm. The article reads about the factors affecting the development of the liability relationships. Liabilities have been developing due to the increase of the economical circulation. The reforms of the second part of the XIX century were the cause of the said economical circulation. At this time the liability legislative and law enforcement practice already occurred. But there were many disadvantages in the legislation. The gaps, antagonisms and repetitions were noted between them. The appeal practice in certain degree couldn’t correct it. Tort liabilities section in civil code draft needed a radical review. The liability regulations were based on the Roman law. This rule of law poorly took into account the characteristic of economical circulation development. Besides it was isolated from life. The civil legislation and the civil code draft in full scope didn’t delimit the notions of contract and liability.
Materials and methods. The author used liability works by famous national specialists in civil law. The lack of theoretical research of liability relationships was noted in the course of the study. Protective liability occurred earlier than contract liability. But this kind of liability was examined not so thoroughly as the contract liability. The scientific literature specified the liability source, the definition of material and moral damage as well as filled the legal deficiency. Russian lawyers offered to thoroughly develop the general part of the liability law to solve the majority of liability relationship problems. The legislative deficiency was filled up by the appeal to the rule of the common law. In case of personal offence the law rendered to the victim a possibility to choose a type of criminal prosecution of a culpable. There was no adequate consideration of tort liability in the civil law science. However the preserved pre-revolution works aloow us to make a conclusion about the tort liability research level. The methods of comparative, historical and jural and technical review constitute the methodological potential. Results. The work researched pre-revolutionary native theory and legislative practice of tort liabilities. The author described legal regulation characteristics of this kind of liability, legislative gaps and antagonisms and the settlement ways.
Conclusions. The research liability relationships the in Russian law history allows to understand the tendency of its development, to take into account native experience in the theories and practice of the liability law formatiom. Finally, the research of liability relationships fills the gap in the historical and legal study of the liabilities as a result of causing harm.
liability, harm, offence, act, contract, source.
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1. Shershenevich G. F. Nauka grazhdanskogo prava v Rossii [Civil law science in Russia]. Kazan, 1893.
2. Pokrovskiy I. A. Osnovnye problemy grazhdanskogo prava [Main problems of civil law]. Petrograd, 1917.
3. Meyer D. I. Russkoe grazhdanskoe pravo [Russian civil law]. Petrograd, 1914.
4. Gulyaev A. M. Russkoe grazhdanskoe pravo. Obzor deystvuyushchego zakonodatel'stva i Proekta Grazhdanskogo ulozheniya [Russian civil law. Review of active legislation and the Civil code draft]. Saint Petersburg, 1911.
5. Pokrovskiy I. A. Prilozhenie k protokolam sobraniy Kievskogo yuridicheskogo obshchestva za 1899 g. [Annex to the protocols of the meetings of the Kiev juridical society in 1899]. Kiev, 1901.
6. Svod zamechaniy po proektu kn. V Grazhdanskogo ulozheniya ob obyazatel'stvakh [Comments to the draft of the book V of the Civil code on liabilities]. Saint Petersburg, 1902.
7. Vas'kovskiy E. V. Uchebnik grazhdanskogo prava. Vyp. 1: Vvedenie i obshchaya chast' [Civil law textbook. Issue 1: Introduction and general part]. Saint Petersburg, 1894.
8. Golevinskiy V. O proiskhozhdenii i delenii obyazatel'stv [On the origin and division of liabilities]. Varshava, 1872.
9. Shershenevich G. F. Uchebnik russkogo grazhdanskogo prava [Russian civil law textbook]. Moscow, 1911.
10. Kavelin K. D. Chto est' grazhdanskoe pravo i gde ego predely? Odin iz sovremennykh yuridicheskikh voprosov [What is the civial law and where are the limits thereof? One of the modern legal problems]. Saint Petersburg, 1864.
11. Passek E. V. Neimushchestvennyy interes v obyazatel'stve [Non-property interest in liabilities]. Yurev, 1893.
12. Pakhman S. V. Obychnoe pravo v Rossii (yuridicheskie ocherki) [Common law in Russia (juridical essays)]. Saint Petersburg, 1877–1879, vol. I–II.
Дата создания: 25.09.2014 20:05
Дата обновления: 26.09.2014 09:25