Правовые аспекты маклерства в дореволюционной России

Abstract

In this article brokerage as a widespread phenomenon in pre-revolutionary Russia is analyzed from a legal point of view. Reasons of appearance and chronology of development of this institute are opened, differences between maklers and other intermediaries are explained, also differences between stockbrokers and private brokers, official and unofficial maklers are shown. The author pays attention to legal analysis of legal texts in pre-revolutionary Russia which regulate makler`s activity, examines makler`s duties and peculiarities of his activity. An attempt to explain specific legal provisions concerning makler`s activity is made. Simultaneously the author is based on researches of national legal scholars. In this article there are some conclusions that there was no legal regulation of brokerage contracts in pre-revolutionary Russia and that a brokerage contract was considered to be oral. The nature and peculiarities of brokerage contracts are examined, in particular a problem of paying honorary (brokerage fee) to a makler.It is also stated that except stock-brokers private maklers existed. Based on this research the author has grounds to state that some elements of brokerage might be assumed by modern legislators taking into account day-to-day realities.