Гуманитарные и юридические исследования (Sep 2021)
THE DEVELOPMENT OF THE DOCTRINE OF LIMITED REAL RIGHTS TO REAL ESTATE IN BYZANTINE JURISPRUDENCE AFTER THE CODIFICATION OF JUSTINIAN
Abstract
The article examines the formation and development of studies on limited rights to non-owned property (rights to things belonging to other people) in the Byzantine Empire. The authors of the article analyze Russian and foreign doctrines, Institutions, Digests, legal monuments of the Byzantine Empire, published after the codification of Justinian, which contain the rules of property law, namely the rights to other people's things. Using the comparative legal method of research, the author discusses the formation of the doctrine of limited property rights in Roman jurisprudence and reveals the features of the dogma of property law in the law schools of Byzantium. The article emphasizes that the development of the doctrine of limited property rights to real estate in Western Europe and Byzantium was influenced by various factors, including social and political processes, the formation of feudal land law. The authors analyze such works of Byzantine lawyers as Theophilus Paraphrase, Stephen's Indices, Eclogues, Basilicorum, which relect the rules of property law devel- oped in classical Roman jurisprudence, as well as doctrinal developments of Byzantine lawyers. The article concludes about the high level of training of lawyers of the Byzantine schools of law, not inferior in theoretical knowledge and legislative technique of classical lawyers of Rome. The scientiic novelty of the presented publication lies in the fact that the authors attempt to highlight the elements of scientific theory in the presentation of the views of Byzantine lawyers on such an important part of civil law as limited real rights to immovable property. The paper concludes on the scientiic nature of Byzantine books on civil law, as well as on the serious contribution of the antecessors to the further development of the doctrine of the limited real rights. In this regard, it is emphasized that Byzantine lawyers were scientiically worked out such issues as the content of limited real rights to real estate, ways of their occurrence, termination and protection.
