Customary Legal Methods of Acquiring Rights to Land from Zyryans in the 19th – early 20th centuries

A study of customary legal methods of acquiring rights to land resources from the Zyryans in the 19th -early 20th centuries.XX centuries, today in many ways allows us to highlight the features and customary legal patterns of transfer of rights in relation to real estate.Despite the spread of sources (forms) of positive law during the period under review, in Zyryan communities a significant place in the regulation of social relations was given to the norms of customary law, which, of course, indicates the significance and relevance of the topic of this study.It should be noted that the periodically used customary legal method of acquiring rights to land resources from the Zyryans during the period under study was free borrowing, which indicated the emergence of the right of first possession or the right to apply labor during the exploitation of this site.In customary law, the Zyryans also used this method of acquiring rights to land, such as the acquisition (receipt) of rights to a land plot by the community, after the departure of its member from the community, or after his death.In addition, the Russian legislator at the state level established the rules for transferring land to peasants for use, by granting peasant societies the right to lease state-owned land and the right to buy and sell land.Such transactions were also supported by the norms of customary law among the Zyryans, therefore the Zyryan legal customs did not contradict, but, on the contrary, complemented the norms of positive law.The norms of positive and customary Zyryan law also sanctioned this method of acquiring rights to natural land objects as inheritance.

Publication Details

Journal
Bylye Gody
Published
2024-09-01
DOI
https://doi.org/10.13187/bg.2024.3.1286
Primary Topic
Soviet and Russian History
Type
article
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article

Customary Legal Methods of Acquiring Rights to Land from Zyryans in the 19th – early 20th centuries

Bylye Gody
Soviet and Russian History
article

Customary Legal Methods of Acquiring Rights to Land from Zyryans in the 19th – early 20th centuries

article en

Abstract

A study of customary legal methods of acquiring rights to land resources from the Zyryans in the 19th -early 20th centuries.XX centuries, today in many ways allows us to highlight the features and customary legal patterns of transfer of rights in relation to real estate.Despite the spread of sources (forms) of positive law during the period under review, in Zyryan communities a significant place in the regulation of social relations was given to the norms of customary law, which, of course, indicates the significance and relevance of the topic of this study.It should be noted that the periodically used customary legal method of acquiring rights to land resources from the Zyryans during the period under study was free borrowing, which indicated the emergence of the right of first possession or the right to apply labor during the exploitation of this site.In customary law, the Zyryans also used this method of acquiring rights to land, such as the acquisition (receipt) of rights to a land plot by the community, after the departure of its member from the community, or after his death.In addition, the Russian legislator at the state level established the rules for transferring land to peasants for use, by granting peasant societies the right to lease state-owned land and the right to buy and sell land.Such transactions were also supported by the norms of customary law among the Zyryans, therefore the Zyryan legal customs did not contradict, but, on the contrary, complemented the norms of positive law.The norms of positive and customary Zyryan law also sanctioned this method of acquiring rights to natural land objects as inheritance.

Bylye GodyVol. 19(3)
Openalex Percentile: Top 76%
Soviet and Russian History
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