Вопросы гражданского и семейного права в трудах А.Н. Радищева

Introduction: in the article the author substantiates the need to address the fundamental foundations of legal science in the context of understanding the political and legal heritage of the domestic enlighteners of the second half of the XVIII century.based on the analysis of specific historical features of Russian society and the degree of development of the science of civil law. Within the framework of the civil law doctrine of A. N. Radishchev, the concept and scope of the category of legal capacity, objects of property rights, requirements for the contract and the procedure for inheritance of property are studied. In the context of the prototype of the theory of family law, the legal nature of marriage, the requirements for its conclusion, as well as the basis of the relationship of family members are considered. Materials and methods: the empirical basis of the study was made up of primary sources in the form of the works of A. N. Radishchev, as well as relevant research literature. The methodological basis of the research has found its embodiment in dialectical, historical-legal, structural-legal and formal-legal methods. The results of the study: the provisions of the theory of civil and family law by A. N. Radishchev are clarified, their content, as well as their practical and concrete historical significance are revealed. Findings and Conclusions: the concept and scope of legal capacity, types of objects of property rights, requirements for the subject of the contract, grounds for civil liability, the procedure for inheritance of property and the legal nature of marriage are disclosed.