Formation and Development of State Registration of Rights to Immovable Property in Pre-Revolutionary Russia
- Authors: Blinova M.A.1
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Affiliations:
- MGIMO University, Odintsovo branch
- Issue: Vol 18, No 3 (2022)
- Pages: 119-128
- Section: Articles
- URL: https://journals.eco-vector.com/2541-8025/article/view/531908
- ID: 531908
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Abstract
Purpose. The purpose of the article was to investigate the of the formation of state registration of rights to real estate in Russia, starting from the era of the Moscow kingdom, until the beginning of the XX century. Methodology. The methodological basis of the article was the principles of historicism, objectivity, interconnection and interdependence of state and legal phenomena; in addition, general scientific methods - analysis, synthesis, deduction, as well as special methods of legal science - the formal legal method, the comparative legal method and the concrete historical approach were used in the work. Conclusions. The paper concludes that the development of the system of state registration of real rights was influenced by various factors of a historical nature, due to the political and socio-economic processes that took place in the Russian state. The system of state registration of real rights to real estate that arose during the period of the Moscow State was the first unique experience of centralized written strengthening of real rights, carried out on the scale of a single Russian state. The transition to the serf system of strengthening property rights that followed during the period of the Russian Empire, on the one hand, greatly simplified the procedure for registering real rights to real estate, on the other hand, did not adequately ensure the strength of the acquired property right, which negatively affected the development of the real estate market and the mortgage system. Practical significance. The conclusions presented in the article concerning the history of the formation and development of the state registration system in Russia before 1917 can be used in teaching historical and legal disciplines. In addition, research in this direction allows us to study both the positive aspects and the shortcomings of the systems of strengthening property rights at various stages of Russia's development and take them into account in modern legislation.
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About the authors
Margarita A. Blinova
MGIMO University, Odintsovo branch
Email: m.blinova@odin.mgimo.ru
Cand. Sci. (Hist.), Associate Professor Odintsovo, Russian Federation
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