The property right to land during the Russian revolution of 1917

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The analysis of legal aspects of the activity of Russian Provisional Government, Judicial consultation, Chief land committee, concepts of specialists in civil law with regard to property right to land was submitted. It was revealed that the first actions of Provisional government reflected the aspiration to keep the right of private property for the land. The situation changed after the beginning of mass self-occupations of possessory lands by peasants. After the July crisis the lawyers and Russian authorities concentrated their attention on the issue of compensation upon land withdrawal from land owners, it was believed necessary to retain the mechanisms of transfer of property right to land, which were valid before the Revolution (gift deeds, bills of sale, redemption of ancestral estates, transfer of mortgage bond rights, right of possession for life, easements, etc.). The approach to legalization of spontaneous rearrangements started to be developed gradually aimed at stepwise return to legitimacy and to constraints of transition period of reallocation of property rights to land. During the entire period till October, 1917 the authorities and lawyers condemned unauthorized occupancy of lands. Giving up the concept of obligatory compensation in the case of loss of right to land during the Revolution did not happen. The issue of transactions with land, which were finally prohibited in July, 1917 was closely related with the property right. In general, the article illustrates insurmountable contradictions of two legal concepts about possession of land: private ownership and peasants' mentality, unofficial law, based on conventional wisdom about uncontested common belonging of land as property. In general the study illustrates insurmountable contradictions of two legal concepts about possession of land: private ownership and peasants' mentality, unofficial law, based on conventional wisdom about uncontested common belonging of land as property.

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Private property of land, agrarian issue, provisional government, land committees, judicial consultation

Короткий адрес: https://sciup.org/140249948

IDR: 140249948   |   DOI: 10.36718/2500-1825-2020-1-145-155

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