Some aspects of common law in life of Kabardians at the end of XIX - beginning of the XX centuries

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Article is devoted to use of a common law at the solution of disputes and conflicts at Kabardians, and also in their everyday life at the end of 19 - the beginning of the 20 centuries. In work is confirmed that reception of the main legal customs and traditions of the Kabardian people promoted formation of the most optimum models of his integration into structure of the Russian Empire. Relevance of this research consists in awareness of importance of interference of foundations of life and customs of Kabardians, and the Russian legislation at the end of 19 - beginning of the 20th centuries. The relations and life regulated both by institutes of a common law of Kabardians, and the Russian legislation act as object. Is indisputable the fact that these or those people in the course of the legal development are guided by those legal customs which fully satisfy his interests and realize his requirements at the given, specifically taken historical stage. So, the Kabardian people gradually, by transfer from generation to generation of the experience of legal development which is saved up for centuries, developed such system of the rights and obligations which fully promoted implementation of requirements and satisfaction of interests of these people. In work regulatory legal acts, and also materials of law-enforcement practice are analyzed that is the main criterion of its novelty. The research purpose consists in studying of a role of a common law and the Russian legislation in everyday life of Kabardians at the end of 19 - beginning of the 20th centuries. It is possible to draw a conclusion that during the specified period life of Kabardians was regulated, both regulations of a common law, and the Russian legislation.

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Common law, "a family condition", muslim right, sharia, blood feud, estates, kabarda, "adyghe habze", "agreement of successors", uorkies

Короткий адрес: https://sciup.org/14951406

IDR: 14951406   |   DOI: 10.17748/2075-9908-2016-8-5/2-59-62

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