DOI: 10.25136/2409-7136.2019.4.29283

Abstract: The object of the research is the relations arising in the process of protection of property rights in the Grand Duchy of Finland and Russian Empire. The subject of the research is the civil laws effective in the Grand Duchy of Finland and Russian Empire since 1809 till 1917, in particular, provisions that regulated the protection of property rights in the territories of the Grand Duchy of Finland and Russian Empire. The author of the article focuses on particular methods and peculiarities of protection of property rights in the civil law of the Grand Duchy of Finland. In the course of the research Seregin has used the following methods: analysis, synthesis, extrapolation, systems approach, hermeneutical, comparative historical methods. The main conclusions of the research are the following: 1. The civil law of the Grand Duchy of Finland had a singular form of protection of property rights, self-help. 2. The civil law of the Grand Duchy of Finland used retention of item as the means of protection of property rights, however, the method was applied mostly to protection of a particular object. 3. In the Grand Duchy of Finland, vindication protection had one peculiarity: sometimes there was a need to prove the property right. 4. Both the Russian Empire and Grand Duchy laws had provisions about responsibility of a 'possessor mala fide'. However, in the Russian Empire possession male fide did not refer to violation of a legal procedure. 5. The civil law of the Grand Duchy of Finland set forth restrictions of vindication borders as particular actions precedent to vindication itself. The civil law of the Russian Empire restricted vindication through judicial practice. 

DOI: 10.25136/2409-7136.2019.3.29155

Abstract: The object of the research is the relations that arose in the process of protection of property rights in Polish Kingdom and Russian Empire. The subject of the research is the civil laws that were effective in Polish Kingdom and Russian Empire during the period since 1812 till 1917, in particular, the provisions that regulated protection of proiperty rights in the territories of Polish Kingdom and Russian Empire. The author of the article focuses on particular peculiarities of negatory protection of property rights as well as the point at which property was recognized as illegal by the civil law of Polish Kingdom. In the course of the research the author has used the following methods: analysis, synthesis, extrapolation, systems approach, hermeneutical and comparative law method. The main conclusions of the research are as follows: 1) the law of Polish Kingdom set forth negatory actions as an individual means of protection of property rights, however, it had individualization signs in relation to particular items. Thus, it was limited by applicability to particular items; 2) the civil law of Polish Kingdom viewed the point when an individual found out about insufficiency of base for his or her rights as the point when his or her property became illegal; 3) Differences in regulation of vindication as the means of protection of property rights were insignificant. The law of Polish Kingdom fixed vindication limitations by outlining a list of items subject to vindication while the Russian Empire did not have evident restrictions of vindication. 3) Distinguished feature of negatory protection in Polish Kingdom was caused by the fact that it could be applied through particular physical action for restoration of violated right.