The Keywords: civil law adjust the object / the asymmetric parallel lines to say / the said commodity economy / new parallel lines that Synopsis: close contact in the Soviet Union - Russia, 27 rheological effects of the Civil Law of the Soviet-type object theory within the country. First investigated three civil law in the Soviet Union - Russia, adjust the object definition: asymmetric parallel lines that the commodity economy and new parallel line; then investigated the rheological situation in drastic changes in Eastern Europe in the Soviet Union close ties with the country, sub- successors, transformation, update, and give up the provisions of the four kinds of situations. Finally, China should adopt the recommendations of the new parallel lines that, and describes the differences of understanding of understanding of paragraph 1 of section 2 of the Civil Code of the Russian Federation and the Russian scholar.
This paper tries to do an the civil law archeology research, dedicated to the Soviet-style civil adjust object definitions in the Soviet Union - Russia itself and its close ties with the country rheology. I use The first class of 14 former Soviet republics, Ukraine, Belarus, Moldova, Georgia, Armenia, Azerbaijan, Lithuania, Estonia, Latvia, Kazakhstan, Kyrgyzstan, Turkmenistan, Tajikistan, Uzbekistan. The second category is all the member states of the Warsaw Treaty, Czechoslovakia (later split into the Czech Republic and Slovakia), Hungary, Poland, Romania, Albania, Bulgaria, East Germany. The third category is the traditional ideological allies in the former Soviet Union, Vietnam, North Korea, Cuba, China, Serbia. [1] Country list tells us, I examine the problem of the definition of the ups and downs of the Civil Law Object former socialist countries and the scope of the existing socialist countries, the inevitable approach implies that the themes and ideology The association of the Cold War. Technical object of Civil Law, is indeed tainted with ideology and color of the Cold War in the ordinary view. Due to the drastic changes in Eastern Europe, many of the existing socialist countries into the former socialist countries to join the European Union, NATO, subordinate to another type of ideology, this turn of events for us to observe the object theory with the Civil Law ideological evolution and the evolution of left a vast space.
This article is a microscopic vision research. 120,000 words in length, it is trying to show all aspects of the former Soviet Union close ties with the State Civil Code and its related background, this article relates only to one of these countries, the Civil Code; Why is the pursuit of the big vision, especially under the premise that I do not understand Russian? My answer is that only exhaustive Disjunctive branches as much as possible, the more it is likely to grasp the panoramic view of the problem, in order to make a scientific judgment. But pursuit of exhaustive Disjunctive branches will encounter information, language acquisition insufficient and so on obstacles in the the domestic Russian people and foreign friends to help, they are beyond the wish to say that this article is a collaboration of a team. Is not a purely
this article foreign law, because the ranks of China's close ties with the former Soviet Union countries, direct borrowing from the former Soviet Union on the issue of Civil Law object. Therefore, the study of issues related to foreign law with a socialist background direct service on improving legislation and doctrine purpose is can learn, So, this article may wish to be understood as the adjustment object issues for the future operator of the Civil Code in select whether the provisions of the Civil Code, as well as to decide how the provisions of this problem in making a positive choice when, according to the report of the reference half Comparative Law. [3]
First, the former Soviet Union - Russia's own theory of Civil Law Object Change
before talking about since the October Revolution of 1917, Russia, China and France adjustment object theory of history, talk about the pre-revolutionary The period of this aspect of the condition is useful,abercrombie paris, because the association between. The reign of Tsar Nicholas I (1825 - 1855), born 1832 Russian law compilation, Volume 10 is the equivalent of the Civil Code, the Civil Code compilation, which includes the rights and obligations of the kin of all property acquired right and the conservative order to obtain and preserve the order of property rights, the obligation on Contracts compiled. [4] Part I is just a clean family law, the draft set of main system for two reasons: First, the drafters of the impact by Savigny, [5] this system as public law sex, do not want to put it on a completely private Codex; Second, in this compilation of Since the October Revolution, the former Soviet Union - Russia produced a total of three civil law adjustment object theory. The
asymmetric parallel lines said. Object theory of history of the Civil Law in the former Soviet Union began in 1922, relationship, family relationships, by specifically the Codex adjust Said the major transformation of the parallel lines [6] This is a civil law Gai Yousi founded in THE three relationships by the Civil Law, land relations belong to the property relations and labor relations, the family relationship is a personal relationship,sac longchamp, different lengths, thus transformed into asymmetric parallel lines that traditional parallel lines. Why
Land relations, the Soviet regime after the victory of the October Revolution of 1917, he promulgated the Land Act, announced that state-owned land. [8] Since then, the land-use administrative allocation system, the land is no longer a commodity, therefore, its legal adjustment outcome from the civil law administrative law. Terms of labor relations, it was excluded from the civil law grounds almost under socialist conditions: labor is no longer considered to be commodities. [9] in terms of family relationships, the first thing to say is that after the October Revolution in Russia people deny the institution of marriage, that it is in the form of private ownership of the women, to be repealed in 1917, the Saratov Soviet people Committee decree, announced from the 17 - 30-year-old unmarried women, people of Fortune Vladimir similar decree announced unmarried women over the age of 18 are national wealth, and must be registered with free love, 19-50-year-old man can not be dependent on the willingness of women to their own choosing women in Witte states have similar laws, announced that [10] must be noted that glass of water 'proposition is to appear at that time. 1950s, the Soviet people view marriage as sacred by the negation into. West said Brad are family relationships are excluded in Civil Law outside the object because it is relative to the special nature of bourgeois civil law, such civil law marriage and family relations subordinate to money, marriage as a transaction, to send their children to see for parents the right to object, and the Soviet family relationships not only with these attributes, and strengthen the family, also implement the national policy of protecting maternity and children. [11] Therefore, single to family law legislation, it is from the Civil Code of copper smell the harm. In short, the three common relationship of non-commodity relations. Exclude them, Indeed, this codex is to give up the policy of War Communism, the implementation of the results of the new economic policy. The so-called New Economic Policy, is to engage in a policy of market economy. War Communism exclusion of any law, not only civil law.
To the 1950s, the former Soviet Union, civil law scholars begun to discuss the Civil Law Object concluded embodies Bula are West and Caine gold, respectively editor of the Soviet Civil Law in a range of property relations in the socialist society associated with this system of personal non-property relations. [12] The latter said: This says that there are two characteristics. First, in Gai Yousi the basis of the doctrine on the personal relationship with the property relations off the bit, Caine gold defined even personal relations are excluded from in Civil Law object defined outside the formal expression; Gai Yousi said personal law or personal Relations Act refers to the main law and family law, and personal non-property relations does not include the main law and family law, and only include two personality right. Not include the main purposes of the law, the former Soviet Union, its traditional Russian law of 1832 compilation This arrangement personal relationship and chopping off part of it, two parallel lines more asymmetric. With respect to such the definition recognized personality rights, the first right to individual cells is a natural person the right to enjoy their own spiritual element, such as the right to a name; second individual grid so-called right of personality rights, both of which cover especially Adams said personal law irrelevant. Not only this, these two personality rights but also to property-related adjustments of civil law as a condition to as objects. What is with the Creative exercise will cause property income also! Logical deduction, the exercise of personal non-property relations that do not lead to the issue of property is not owned by the Civil Law,Ralph Lauren, which further narrows the scope of the personal relationship. Through these initiatives, the Soviet Union completed the said pair of parallel lines, local or altered. ? [13]
second commodity economy. Article 1 of the 1961 Soviet civil legislation Outline: Compared to the previous civil law to adjust object theory, this definition is asymmetric parallel lines that property relations involved with the attributive form of commodity currencies caused. In fact, the attributive nothing new, because the Soviet Civil Code exclude the three relations reason is nothing more than they are not a commodity currency relationship Conversely, the Civil Law are commodity currencies relationship. Nevertheless, [15] this definition in the reign of Khrushchev, there is no historical data to tell us when the Soviet Union would like to cancel a planned economy into a commodity economy, Moreover, the use of the currency in the form of goods caused by the other attributive contradiction, because the realization of communism means to eliminate the commodity currencies. So this attributive rather puzzling. Discourse system, the opposite of the commodity economy is a planned economy, the core concept of this economy is the law of value. In fact, later scholars accept it is a revelation of the Soviet civil legislation Platform, the adjustment object of civil law is interpreted as the commodity economy, and liquidation of the planned economy, the nature of the civil law theory, opened the way for the civil law of the market economy theory . [16] but technically, property relations, of course, the attributive attributive to property relations plus plus the attributive property relations - dwarfing the civil law.
Said new parallel lines. The so-called parallel lines, the Civil Law practice relative to personal relations and property relations dichotomous structure of vertical relationships and horizontal relationships dichotomous structure to illustrate the practice of the Civil Law. It is reflected in the current Russian Federation Civil Code, Article 2, paragraphs 1 and 3: 1. Civil legislation designed to determine the legal status of civil circulation participants; ownership and other property rights, as well as a result of intellectual activity rights (intellectual property) occurred according to the procedures and implementation; adjustment of contract and other debt as well as other property relations and property-related personal non-property relations, these relations the equality of its participants, autonomy and property of autonomy based on (1) First, the object theory of transformation of the traditional Civil Law Second, it is to determine the subject's legal status as the first and foremost task of the civil law, which is asymmetric parallel lines that regardless of whether the content, therefore, this component appeared in the Civil Law object theory has not only changed the Soviet Civil Law Object theory after the pattern of Paragraph 3, it is not by civil law civil law theory stresses in the former Soviet Union has nothing to do with the property adjusted personal non-property relations, it recognizes the Civil Law in this regard, further changes in the pattern of symmetrical two parallel lines, now become more symmetric, but has not completely symmetrical, because based on the Civil Code and Family Code discrete contemporary Russian legislative reality [18] The definition enumerate the contents of the civil law does not cite family relationships So, in this definition, the ratio of the two elements of The defined
innovative unquestionable, but it has a flaw, it is to First of all, in my opinion, all the relations of the may be known as the obligations of the bonds) are the countries involved the restoration of the distorted social relations, Therefore, the admission of liability, debt attributable to the civil law, is the recognition of civil law to adjust the vertical relationship [19] Therefore, the above definition rear equality of these relationships with its participants, on Autonomy and property autonomous basis Second, the Russian Federation Civil Code, Article 1, paragraph 1, as the basic principles of civil legislation provides that content with Paragraph 1, section 2 of the Civil Code of the Russian Federation, following the majority of recipients to give up the know, the decision to abandon the public-private hybrid method to recognize the civil law nature; some may be out of a second defective cognitive, remove duplicate text to pursue legislation simple. The new parallel lines of the former Soviet Union during the Civil Law Object theoretical breakthrough before the series of Of Russia, China and France expert Yan, a U.S. professor, in the series of The understanding of these is included in part of a public law. ? [21] As for the
Retrospective will result in too far from the subject of this article, [22] Its the preliminary provisions such adjustment object to talk about civil law: the Quebec Civil Code in accordance with the Charter of human rights and liberties It also stipulate the relationship between the people of the Civil Law, which is a new summary of property rights, intellectual property rights,abercrombie pas cher, claims, relatives, inheritance intersubjectivity relationship, trying to go beyond the old summary of personal relations and property relations. Obviously, the above civil law of the Civil Code of Quebec adjust object definitions of the relationship between embodied in the relationship of the debt, and other property relations and property-related personal non-property relations. Taking into account the Quebec jurists involved in the formulation of the Russian Federation Civil Code, [24] I very reason to believe that the adjustment of the Civil Code of the Russian Federation Civil Code object definition draws on the above definition of Quebec. [25]
In short, as the blueprint for the Soviet Union - Russia, China and France adjustment object definition experienced a both heavy The process of vertical relationships and horizontal relationships, both transformation reflects the understanding of the progress of the Russians on the civil law.
Now, put it in the Russian legislation personal relationship despite still not including family relations, but including the relationship of personality and personality relations, which is consistent with the civil law sense of personal relationship .
Russia in close contact with the paradigm of the country in which the provider's status, it Adjustments to define the various stages of the civil law countries rely on its civil law thinking affected. Is worth noting that during the Cold War, the the asymmetric parallel lines said close ties to the former Soviet Union, as part of the socialist ideology spread mandatory or voluntary. Civil Code of the Soviet Union
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