Idea of real rights from roman jurisprudence and teaching of pandektists to the system of limited real rights in modern Russian legislation

Автор: Dekhanov Sergey Alexandrovich

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Исторический опыт

Статья в выпуске: 4 (47), 2020 года.

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Purpose: Study of the evolution of the idea of property rights from Roman jurisprudence and the teachings of pandectists to the system of limited property rights in modern Russian legislation. Methodology: The author used historical, comparative legal and formal logical research methods. Results: The article deals with the analysis of various approaches to determining the institution of property rights in Roman law, foreign and domestic law. Conclusions are drawn that in modern Russian civil law science there is a tendency towards understanding property law similar to pre-revolutionary civil law, and the establishment and development of the category of property law as an independent civil law construction was facilitated by two most important factors in the development of world legal thought: Roman jurisprudence and pandekt teaching. Novelty/originality/value: The article has high scientific value, since it deeply analyzes the process of developing the category of property law as an independent civilistic structure.


Roman jurisprudence, pandectic teaching, limited property rights, russian civil law

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IDR: 140250415

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