Differentiation of the legal regulation of the loan treaty by prerevolutionary and soviet legislation

Abstract

One of the trends in the modern development of legal thought in Russia should be called an appeal to the experience of past generations. A loan agreement is one of the oldest institutions known as far as Roman law [1, 18]. A detailed regulation of legal regulation in the Russian Empire was obtained by the loan agreement in the book of the fourth volume X of part 1 of the Code of laws of the Russian Empire (hereinafter-the Code of Laws). The rules contained in the said act were valid until the October Revolution of 1917. At the end of the XIX beginning of the XX centuries. The highest established Drafting Commission developed the Civil Code Draft (hereinafter-the draft GU), the fifth chapter of the second volume of the second book of which was devoted to the regulation of the loan agreement (Articles 348-363). In the Soviet period, for the first time, a loan agreement was regulated by the Civil Code of the RSFSR of 1922 (hereinafter-the Civil Code of the RSFSR) in chapter VI “Loan”. It is of great theoretical and practical interest to compare the rules for regulating a loan agreement in the pre-revolutionary and Soviet periods for several reasons. Firstly, “Russian private law is at the stage of its reform” [2, 126]. Secondly, the text of the 2009 Concept states that the historical development of Russian law and the legal systems of continental law (Roman law) should be taken into account. In the article, the authors study the historical legal tradition of a loan obligation.