Трансформация гражданского законодательства Российской империи на примере договора запродажи

Abstract

The article is devoted to the analysis of the nature of the transformation of the civil legislation of the Russian Empire in terms of regulating the sale and purchase relations in the 19th and early 20th centuries. The essence and legal nature of the sales agreement is determined, the analysis of the objective prerequisites for the emergence and development of this institution in Russian law is carried out. It was established that its occurrence was a logical and logical outcome of socio-economic processes during the period of “economic liberalism”. A circle of sources of law has been determined, establishing the basis for legal regulation of this type of obligation. In particular, these include: regulatory legal acts, materials of judicial practice of higher instances and norms of customary law. Assessing the arguments of the participants in the scientific discussion about the appropriateness and validity of highlighting the sale as a separate obligation, the author formulates the key differences between the sale and the sale, which allow us to consider the sale as an independent legal institution.