Roman law ’s influence on russian civil law and procedure


https://doi.org/10.17589/2309-8678-2018-6-2-118-133

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Abstract

The subject of the research in this article is the influence of Roman law on Russian civil procedure.  Roman law has undoubtedly had a huge impact on the development of civil legislation in many  countries of the continental legal system, in particular on Russian law. But the importance of the  institutes developed by Roman lawyers of different eras, has not received a decent assessment of  experts. In this article, the authors propose to the reader the concept that Roman civil procedure,  finally formed during the reign of Emperor Justinian, is the foundation for the development of civil  proceedings in Russia at different during key stages of its development. It is also suggested that  Roman law was indirectly received with the help of nineteenth-century German scholars. Full use of the potential of Roman civil procedure in Russian civil procedure is difficult, because in the Russian  legal science researchers have paid little insufficient attention to the correlation of such an  important stage in the development of Roman, Russian and the continental law. And yet the  theoretical legal basis laid by Roman law, well-developed by Roman lawyers, with procedural  institutions that have had a significant impact on Russian law. The degree of such influence on  Russian law in different periods of history varied. The institutions of the claim, representation in  civil procedure, as well as evidence and proof, were most affected by Roman law, although the  importance of other institutions of Roman civil procedure should not be underestimated. This  article is intended to initiate more fundamental analysis of the impact of Roman law on Russian civil procedure.


About the Authors

Elena Salogubova
Lomonosov Moscow State University
Russian Federation

Associate Professor of Civil Procedural Law, Faculty of Law, Lomonosov Moscow State University

1 Leninskie Gory, Bldg. 13–14, GSP-1, Moscow, 119991, Russia



Alan Zenkov
Lomonosov Moscow State University
Russian Federation

Student, Faculty of Law, Lomonosov Moscow State University

1 Leninskie Gory, Bldg. 13–14, GSP-1, Moscow, 119991, Russia



References

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Supplementary files

For citation: Salogubova E., Zenkov A. Roman law ’s influence on russian civil law and procedure. Russian Law Journal. 2018;6(2):118-133. https://doi.org/10.17589/2309-8678-2018-6-2-118-133

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