Legal dichotomy of land ownership (votchina-estate, len-benefitsy) in Russia and Western Europe

Автор: Dekhanov Sergey Alexandrovich

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Исторический опыт

Статья в выпуске: 1 (56), 2022 года.

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Comparative analysis of the main historical forms of land tenure in Russia and Western Europe: fief (beneficial) land tenure in Western Europe and patrimonial land tenure in Russia. The article uses historical, comparative legal and formal logical research methods. The article is devoted to a brief comparative analysis of the main historical forms of land tenure in Russia and Western Europe: fief (beneficial) land tenure in Western Europe and patrimonial land tenure in Russia. The article notes that the system of distribution of land on the terms of military service in the West taught the name of the beneficiary, and the owners of this real right began to be called beneficiaries. The feudal (beneficial) relations were the basis for building a system of the feudal ladder, at the top of which was the king (emperor). This state of affairs was based on a system of split feudal property, which is the essence of feudal law. The first form of landownership in Russia was patrimonial landownership, then local landownership was added to the patrimonial. The land plot, which was provided to a serviceman on the basis of a letter of commendation, which could be inherited, was called a patrimony. The main subjects of patrimonial legal relations, especially at their first stage, were princes and persons close to the prince, especially the prince's squad. The article concludes that the system of late feudal land tenure in Russia differs significantly from feudal land tenure in the West, especially in terms of the grounds for the seizure of land. The article has a high scientific value, since it deeply analyzes the formation and development of the main historical forms of land ownership in Russia and Western Europe.

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Russia, patrimony, estate, western europe, flax, benefices

Короткий адрес: https://sciup.org/140293905

IDR: 140293905

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