Features of the regulation of civil law relations in the history of Russian law (February 1917–1922)

Authors

  • E. S. Deryabina National Research University «Higher School of Economics»

DOI:

https://doi.org/10.17308/law/1995-5502/2024/3/66-75

Keywords:

social system, civil law relations, system methodology, transitional historical situation, legal policy of the Provisional Government, new economic policy, Civil Code of the RSFSR

Abstract

The main purpose of the study is to conduct a comparative legal analysis of the regulation of civil legal relations in the conditions of various transitional historical situations from February 1917 to 1922. On the basis of a complex methodological approach, it is concluded that in the conditions of the described transitional historical situations, the imperative method was the main one in regulating property relations. However, the content of the transition processes was different. Since the February bourgeois-democratic revolution did not lead to a qualitative change in the economic foundations of the social system, the issue of land ownership, taking into account the interests of the working people, did not become the subject of a civil legal settlement before the convening of the Constituent Assembly. Imperative legal regulation of civil law relations in the context of the breakdown of the bourgeois social system and the creation of the foundations of the Soviet social system, treating civil law as a public legal sphere will become the key systematic approach of the Soviet legislator.

Downloads

Download data is not yet available.

Author Biography

  • E. S. Deryabina, National Research University «Higher School of Economics»

    Candidate of Historical Sciences, Associate Professor, Associate Professor of Civil and Business law Department

References

Downloads

Published

2025-01-14

Issue

Section

Civil Law and Process