PROPERTY INHERITANCE BY CUSTOMARY LAW ON LEFT-BANK UKRAINE IN XIX – EARLY XX CENT.
Journal Title: «Приватне та публічне право» - Year 2018, Vol 3, Issue
Abstract
Ukrainians relying on experience which is accumulated during the centuries and is passed as a positive knowledge onto the further generations, formed an unique system of social relationships based on relations funded on the basis on the Left-bank Ukrainian communities generally recognized custom. A custom was formed under the influence of family relations values, the notion of morality and justice and by the role of interactions between peasants at state officers or church hierarchs, respectively. In XIX – early XX cent. In different regions of Left-bank Ukraine were actually used clear and traditional for local people rules of customary law. A feature of property inheritance in Left-bank Ukraine was a specific concept of ownership in a particular region. Members of peasant-farming in general were not considered a property as a form of private property law of individual or specifically identified person. It is the interdependence of peasants help from the Ukrainian family and members of the local community in XIX – early XX cent. made a system of social rules of residence in the difficult conditions of that time. Under these conditions the advantage was kept by collective relations in community and family that were higher than individual interests of separate community (family) member. For the Ukrainian peasants in the XIX century the authority of the community in the vast majority of cases established and regulated rules and moral norms of behavior, both in relations with other community members, and in the family circle, thus laying the foundations of normative relations in the form of a custom. Actually, in local law of Left-bank Ukraine, in its codified part, an ownership is considered as an individual form of relation regulation connected with property possession. At the same time, the peasants’ customary law preferred to the rule of collective property rights over the individual interests. So, the Left-bank Ukrainians during the XIX – early XX centuries used an unique system of property inheritance based on custom generally-accepted moral and ethical criteria of local communities. The rules of local customary inheritance law had a number of features that distinguished them from the order of inheritance in other regions of Ukraine, and differed from the codified law of the Russian Empire. The interests of the family meant for Ukrainian families much more than the interests of their individual member, which led to the priority of the collective ownership of the peasant family over the individual property of an individual peasant. This practice was reflected in the customary right of the Left-Bank Ukraine in the XIX - early. XX century
Authors and Affiliations
Д. В. Кузьмін
Keywords
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