Pagava T.L. The Development of the Institute of Protection of Violated Rights in Historical Retrospect

DOI: https://doi.org/10.15688/lc.jvolsu.2018.2.16

Teimuraz L. Pagava, Postgraduate Student, Department of Civil Law Disciplines, Volgograd Institute of Management - Branch of Russian Presidential Academy of National Economy and Public Administration, Gagarin St., 8, 400131 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction: today the institution of protection of civil rights is one of the main institutions of law. Its object matter manifests itself in the fact that this institution contributed to the defense of the property interests of citizens, both in modern Russia and in the Soviet and pre-revolutionary period. Studying this institution, first of all, it is necessary to understand not only its object matter, but also the features of its application when there is a violation of property rights. Understanding it is a key tool to investigate its nature and the characteristics of civil law consequences, as well as other cases that arise in the application of this institution in relation to the violated rights and freedoms. In this regard, the author set a goal – to investigate the historical way of forming and developing the institution of protection of property rights since the adoption of the Code of Laws “Russkaya Pravda” up to the current Civil Code of the Russian Federation. Methods: the methodological framework for this work is a set of methods such as historical law, system, analysis, and the comparative law method. Results: in the course of the study, the author’s viewpoint is based on the legislative acts that have been in force throughout the time period researched in this work, as well as on the viewpoints of the representatives of scientific thought. In this paper the author investigates the institution of protection of violated rights. The main emphasis in this work is on property rights, since the legal regulation of property has been provided since the adoption of the first normative act in Russia – the Code of Laws “Russkaya Pravda”. Conclusions: in the course of the study there are reviewed such regulations as the Code of Laws “Russkaya Pravda”, Law Book of 1497 and 1550, Council Сode of 1649, and others. During the research it is established that this institution was used both for protecting property rights (vindicatory actions), and for protecting the rights of the owners of the property, owned it in good faith as their own. It is
established that since the time of the Code of Laws “Russkaya Pravda”, the owner of the property has had the right to compensation for violating his property rights, and testimony and written documents have been able to act as the evidence of a transaction in a court of law.

Key words: methods of protection, property relations, property, forms of protection, normative acts of antiquity.

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