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Article Classical and Post-Classical Civilistics
Authors
Stepanov S.
Name of magazine Scientific journal «Private Law»
Issue 1 (русский язык) / 2013
Pages 255 - 270
Annotation This article is composed of fragments of a future monographic study of the same name. The task of publication is to identify individual problematic provisions of civil law, which the author sees no more than initial and staging for further deeper research. The article examines the period of German (mostly — German) civil law doctrine, which evolved into the dominant and essentially the only study on Civilistics in Russia. The author asks the question — was there an alternative to the German doctrine in the development of civil science in Russia and concluded that it was, calling it the theorist K. Pobedonostsev, the crown of creation of which was the «course of civil rights», which could be the starting point for further development of the original domestic science. According to the author, the rigid dichotomy of the modern civil rights by doing the necessary and inevitable scientific and historical mission, should call the perennial starting institutional structures, essentially embracing the entire theoretical and practical civil law: persons, things, liabilities (claims), which does not mean the rejection of more than 150 years old Civilistics doctrine.
Keywords civil law, civil-legal doctrine, the doctrine tsivilistichs, the German doctrine, of original development of science, the dichotomy of civil law, the institutional structure.
References
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