Legal Customs in the Resolution of Land Disputes among Peasants in the Moscow Governorate (Guberniya) in the Second Half of the 19th and Early 20th Centuries

Based on an analysis of archival records of volost courts, the study examines the role of legal custom in regulating the land relations of peasants in Moscow Governorate following the 1861 Reform. It considers the adjudication of disputes concerning property boundaries, inheritance, leases, and the redistribution of communal land. The author finds that customary law, grounded in the principles of labor participation, prescription by possession, and communal justice, not merely supplemented but frequently supplanted formal legislation. Guided by custom, volost courts protected the rights of long-term possessors, ensured the performance of agreements, and safeguarded labor-based inheritance rights; at the same time, they could serve as bastions of communal traditions. The paper concludes that these legal mechanisms have precedential relevance for contemporary systems of land-dispute resolution, particularly with regard to the recognition of good-faith possession and the pursuit of compromise-based solutions.

Authors

Institutions

Publication Details

Journal
Actual Problems of Russian Law
Published
2026-11-01
DOI
https://doi.org/10.17803/1994-1471.2026.191.10.021-026
Primary Topic
Land Rights and Reforms
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Legal Customs in the Resolution of Land Disputes among Peasants in the Moscow Governorate (Guberniya) in the Second Half of the 19th and Early 20th Centuries

Мелентьев Андрей Витальевич
1 links
Actual Problems of Russian Law
Land Rights and Reforms
article

Legal Customs in the Resolution of Land Disputes among Peasants in the Moscow Governorate (Guberniya) in the Second Half of the 19th and Early 20th Centuries

Мелентьев Андрей Витальевич
article en

Abstract

Based on an analysis of archival records of volost courts, the study examines the role of legal custom in regulating the land relations of peasants in Moscow Governorate following the 1861 Reform. It considers the adjudication of disputes concerning property boundaries, inheritance, leases, and the redistribution of communal land. The author finds that customary law, grounded in the principles of labor participation, prescription by possession, and communal justice, not merely supplemented but frequently supplanted formal legislation. Guided by custom, volost courts protected the rights of long-term possessors, ensured the performance of agreements, and safeguarded labor-based inheritance rights; at the same time, they could serve as bastions of communal traditions. The paper concludes that these legal mechanisms have precedential relevance for contemporary systems of land-dispute resolution, particularly with regard to the recognition of good-faith possession and the pursuit of compromise-based solutions.

Actual Problems of Russian LawVol. 21(10)
MIREA - Russian Technological University (RU)
Peace, justice, and strong institutions
Openalex Percentile: Top 15%
Land Rights and Reforms
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Laika access coming soon