SECURITY PROPERTY OR THE INSTITUTE OF PLEDGE ACQUISITION ACCORDING TO THE CIVIL LAW OF ESTONIA
Authors:
1.
Russian University of Transport
Russian Federation
Russian Federation
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
28.10.2015
Accepted:
28.10.2015
Published:
28.10.2015
Language:
Russian
Keywords:
Ownership, security property, limited proprietary rights, mortgage, pledge acquisition, proprietary interest, law of obligation, causal transactions (contracts with consideration) and dispositive transactions, proprietary agreement, regulatory powers of the pledge holder.
Abstract (English):
Legal regulation of proprietary interest in Estonia is associated with adoption of the Law “On the Proprietary Interest” in 1993, which has established the legal framework of the systemic proprietary interest regulation in the Estonian civil law. It must be noted that this law is distinguished by its substantive elaboration of general provisions on proprietary interest and individual elements of the system of proprietary rights (ownership, limited proprietary rights, possession), is prepared on the basis of consistent terminology and with the use of a ramified framework of categories and concepts of civil law. Insight into contents of the Law “On the Proprietary Interest” leaves no doubt as to its long-term elaboration and discussions, with involvement of the legal community and foreign experts, which, it is logical to assume, should have preceded its adoption. However, the reality is that the adoption of the Estonian law “On Proprietary Interest” was a rapid revolutionary step of the national legislators in the post-Soviet space, in the conditions of the crashed system of the socialist civil law and its guiding principles, which, in principle, had not been aware of any regulation of the system of proprietary rights and its individual elements. It is, certainly, possible to assume that the Estonian legislation has borrowed the provisions and institutions which had been regulated by the 1940 draft Civil Code of Estonia, which had been drawn up on the basis of the 1865 Code of Civil Legislations of Baltic (Ostsee) Provinces. However, it is impossible not to see as well that the Estonian law “On Proprietary Interest” has also apprehended the modern traditions of the continental European private law in regulation of certain institutions of proprietary interest, which evidences another manifestation of trends of harmonization and integration of civil law in Europe.
Legal regulation of proprietary interest in Estonia is associated with adoption of the Law “On the Proprietary Interest” in 1993, which has established the legal framework of the systemic proprietary interest regulation in the Estonian civil law. It must be noted that this law is distinguished by its substantive elaboration of general provisions on proprietary interest and individual elements of the system of proprietary rights (ownership, limited proprietary rights, possession), is prepared on the basis of consistent terminology and with the use of a ramified framework of categories and concepts of civil law. Insight into contents of the Law “On the Proprietary Interest” leaves no doubt as to its long-term elaboration and discussions, with involvement of the legal community and foreign experts, which, it is logical to assume, should have preceded its adoption. However, the reality is that the adoption of the Estonian law “On Proprietary Interest” was a rapid revolutionary step of the national legislators in the post-Soviet space, in the conditions of the crashed system of the socialist civil law and its guiding principles, which, in principle, had not been aware of any regulation of the system of proprietary rights and its individual elements. It is, certainly, possible to assume that the Estonian legislation has borrowed the provisions and institutions which had been regulated by the 1940 draft Civil Code of Estonia, which had been drawn up on the basis of the 1865 Code of Civil Legislations of Baltic (Ostsee) Provinces. However, it is impossible not to see as well that the Estonian law “On Proprietary Interest” has also apprehended the modern traditions of the continental European private law in regulation of certain institutions of proprietary interest, which evidences another manifestation of trends of harmonization and integration of civil law in Europe.
Keywords:
Ownership, security property, limited proprietary rights, mortgage, pledge acquisition, proprietary interest, law of obligation, causal transactions (contracts with consideration) and dispositive transactions, proprietary agreement, regulatory powers of the pledge holder.
Ownership, security property, limited proprietary rights, mortgage, pledge acquisition, proprietary interest, law of obligation, causal transactions (contracts with consideration) and dispositive transactions, proprietary agreement, regulatory powers of the pledge holder.
1. Asjaõigusseadus I. 1-3. osa (§-d 1-176). Kommenteeritud väljaanne, koostajad P. Varul, I. Kull, V. Kõve, M. Käerdi, T. Puri. Tallin, 2014. T. I.
2. Asjaõigusseadus II 4-9. osa (§-d 172-365). Kommenteeritud väljaanne, koostajad P. Varul, I. Kull, V. Kõve, M. Käerdi, T. Puri. Tallin, 2014. T. II.
