The Influence of German Law of Pandects on the Basis of the Private Law of Baltic Provinces in the 19th Century

The purpose of this research is to study the process and the main trends in the development of Baltic legislation in the field of private law and the views of the Baltic scientific thought on these processes and on the influence of German law of pandects on the basics of private law in the Baltic province. The author uses the term "law of pandects". The term "law of pandects" in scientific research of the sources of private law in the Baltic States appears immediately after the entry of judicial reform of 1864 into force. The need to comprehensively study the sources of Baltic law is shown, since The Baltic legal system remained closed for a long period. There are analyzed the works of K.E. Erdman, F. Serafim F. K. von Savigny R, Zimmerman and other researchers. Among the main findings obtained in this paper, the following points should be highlighted: it hardly makes sense to talk about the creative component of German dogmatic orthodoxy for the Baltic private law earlier than the first half of the XIX century, since the new scientific line, designated as pandect methodology, or Pandeptics, in Germany itself develops only in the second half of XIX century; German pandectists lined up a new system of private law. The basis of the initial construction of the system of private law was the notion of a legal institution grouping several legal norms around one common legal phenomenon; The influence of the Germanist scientific school on changing the vector of the scientific thought of the Baltic private law is undoubted. F-G. von Bunge becomes the largest representative of the Baltic jurisprudence, in whose works the historical and Germanistic doctrines of German legal thought were combined.

Авторы
Zeynalov R.
Издательство
INT JOURNAL APPLIED EXERCISE PHYSIOLOGY
Номер выпуска
2.1
Язык
Английский
Страницы
736-742
Статус
Опубликовано
Том
8
Год
2019
Ключевые слова
law of pandects; Judicial reform of 1864; private law; Roman law; legal sources; systematization of law; codification of law; ideology of Baltic private law; reception; legal doctrine
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