Legal institutionalization of relations family teachers and pupils in the 19th century

Автор: Komissarova E.G.

Журнал: Ex jure @ex-jure

Рубрика: Гражданское право и процесс

Статья в выпуске: 4, 2020 года.

Бесплатный доступ

The subject of the research is the relationship of direct, unofficial (in the modern category of actual) family upbringing of a child and attempts of legislators of the XIX century to identify these relationships in a normative way. The author justifies the choice of these historical boundaries of the chronology of research on the actual upbringing of a child with methodological goals. It was during this historical period that attempts were first made to “connect” the family relations of “adoptees” and “adopters ”, which arose as “by themselves ”, with legal institutions. The author refers to the design norms of the Civil Code of the Russian Empire of 1809-1825, 1882-1906 and the norms of the Code of laws of the Russian Empire of 1832 in force during this period. The drafters of the last two acts made the first attempt in history to distinguish the relationship of direct family education of third-party children from the many others, among which it has historically been located. Also progressive is the attempt of the drafters of the draft Civil Code of1882-1906, who designed the essential features of this legal phenomenon through the separation of personal and property norms in the regulation of relations between teachers and pupils. The main research methods are the principles of historicism and the method of unity of historical and logical analysis.

Еще

Informal foster children, simple foster children, adopters, educators, actual education

Короткий адрес: https://sciup.org/147230078

IDR: 147230078   |   DOI: 10.17072/2619-0648-2020-4-91-105

Статья научная