Article title Classical and Post-Classical Civilistics
Authors
Name of magazine Scientific journal «Private Law»
Issue 1 (українська мова)/2013
Сторінки [238-252]
Annotation This article is made of fragments of a monographic study of the future of the same name. The task of publishing is to identify individual problematic provisions of civil law, which the author sees no more than starting, staged for further, more in-depth study. The article examines the period of German (mostly — German) civil law doctrine, which evolved into the dominant and essentially only in Russia's tsivilistichs teaching. The author asks the question — was there an alternative to the German doctrine in the development of civil science in Russia and concluded that she was calling her theorist Konstantin Petrovich Pobedonostseva, the crown of creation of which was the «course of civil rights», which could be the starting point of 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), that did not constitute a waiver of more than stopyatidesyatiletnego tsivilisticheskoy teaching.
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.
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