LEGAL REGULATION OF MORTGAGE SALES SYSTEM IN REGIONAL DEPARTMENTS OF LOCAL LAND BANKS OF DNIEPER UKRAINE (THE END OF XIX – THE BEGINNING OF XX CENTURY)
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 1, Issue 5
Abstract
The article analyzes the norms of law that were used as the basis for regulating the sale system of mortgages in the state land banks of the Russian Empire, the branches of which functioned from the eighties of the XIX century in all nine provinces of Ukraine. Proceeding from the fact that the main norms of relations between the local branches of Peasants’ Land and Nobles’ Land Banks with their clients were recorded in the corresponding “Regulations”, as well as in the Charters of both banks, the author on the basis of these sources disclosed the mechanism for holding land property auctions of those clients who, for those or other reasons could not timely repay their debts for loans received. It is proved that the norms of the law concerning the liquidation of the property of debtors were especially written in relation to the rural estates. Not limiting themselves to the relevant norms of law fixed in the Statute of Peasants’ Land Bank regarding the arrears separately, as a supplement to its corresponding article, the State Council approved special “Rules on the procedure for the sale of land pledged in Peasants’ Land Bank”. As for Nobles’ Land Bank, similar “Rules” separate from the Charter by the aforementioned body have never been affirmed, which in itself is an additional confirmation of the well-known fact of the unequal position in the legal field of the Russian Empire of peasants and nobles, although the indebtedness of the latter category of bank customers at the turn of the XIX – XX centuries was higher. If in the case of non-privileged estates, which actually constituted the bulk of the clients of Peasants’ Land Bank, from time to time, some very stringent measures were taken to return the loans, then the customers of Nobles’ Land Bank could reasonably calculate by installment and even write-off of their debts. The last chord in the series of privileges to the nobility was the transfer of debts of Nobles’ Land Bank to Peasants’ Land Bank, which, among other things, testifies to the crisis in the state system of concessional lending to the privileged part of the population of the Russian Empire of the late 19th and early 20th centuries.
Authors and Affiliations
Д. А. Селіхов
Keywords
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