The research of issues in legal treatment of man-made objects as the real estate in Russian pre-revolutionary civil law science

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Introduction: work is dedicated to the real estate category research in Russian pre-revolutionary science of civil law (Science). Goals and Objectives: purpose - to identify the character and results of problem of researches in Science, connected with legal treatment of man-made objects as a real estate. Objectives - an adduction review and characteristic of points of view of Russian pre-revolutionary scientists on the corresponding criteria of the specified qualification act. Methods: the methodological basis - dialectical materialistic method of knowledge and general scientific methods of knowledge: description, analysis, generalization, comparison, induction, deduction, system approach. Results: characteristic of approaches existing in the Science to research of category of real estate as economic and legal designs. Debatable is question of man-made immovable objects, namely of criteria with which these objects have to respond to be admitted being immovable. Practical value of development in Russian pre-revolutionary doctrine of general definitions of concept of real estate due to the lack of time of legislative fixing of the corresponding criteria is noted. The article adduces review of approaches to standards of legal treatment, which prevailed in Science, of man-made objects as a real estate. The standards of legal treatment of man-made objects as a real estate had two-element structure of criterions, consisted of the main criterion and auxiliary criterions, which decipher the content of the main criterion. The ability (inability) of man-made object to relocate was the prevalent approach to determine the main criterion. There were two fundamental approaches on the assumption of revealed points of view about auxiliary criterions: possible consequences of the relocation of objects; marking status characteristics of objects (evidence of its lack of movability).

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Russian pre-revolutionary science, civil law, real estate, legal treatment criterions as a real estate, man-made objects of material world, ability of relocation, immovable objects

Короткий адрес: https://sciup.org/147202413

IDR: 147202413

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