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: 10.25136/2409-7136.2019.2.29007

Abstract: The object of the research is the relations that arise in the process of protection of property rights in Bessarabia and Russian Empire. The subject of the research is the civil laws that were effective in Bessarabia and Russian Empire during the period since 1812 till 1917, in particular, the provisions that regulated protection of proiperty rights in the territories of Bessarabia and Russian Empire. The author of the article focuses on particular methods and means of protection of property rights in civil law of Bessarabia as well as their peculiarities. 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) Bessarabian laws set forth negatory actions as an individual means of protection of property rights. 2) Differences in regulation of vindication as the means of protection of property rights were insignificant. Bessarabian laws fixed vindication limitations while the rest of Russian Empire restricted the aforesaid means of proteciton of property rights through judicial practice. Actual judicial decisions of the Civil Cassation Department of Directing Senate proved impossibility of making a claim in particular cases and imposed certain limitations (such as vindication procedure). 3) Distinguished feature of vindication in Bessarabia was its partial restriction in reference to bona fide owner and particular items. 4) Violence claim was one of the means of protection of property rights in Bessarabia. 5) The author also analyses whether it is possible to apply some principles and constructs in modern law to eliminate gaps.