The name Pokrovsky is familiar to many who are interested in legal issues; the author in his work revealed the main problems of civil law in great detail. He wrote a book for a separate publishing house “Mir” in the section “Results of science”. Civilists of the older generation are familiar with the composition, among contemporaries, publication is known only to a narrow circle. The reason lies in the time of publication, which dates back to 1917. After the death of a servant of law (1920), his students devoted their speeches to his publications, spoke about the largest contribution to jurisprudence to these scholars. True, time made it possible to forget about the main direction of Pokrovsky's ideas - the main problems of civil law for an individual person, but they again became interesting to modern jurists.
Who is the composition for?
The author did not try to create a textbook for lawyers with his work. He wrote it as an educational booklet for a wide range of readers to convey to them the problem of that time. There are no historical or legislative materials in the book, no literary quotes. The task for Pokrovsky is to bring the main problems of civil law to the public:
- perspectives of evolutionary lines;
- top points of legal searches;
- eliminate unnecessary elements, so as not to weaken the integrity of the impression.
The author argued: despite the change in the social system, leadership in the country and differences in regimes, he has no reason to change anything in the text. For Pokrovsky, the main problems of civil law remained in full.
Social value
Since ancient times, lawyers have been trying to fundamentally divide the right into types of public and civil. Such a division and its criteria have not been clarified by the prospectors and remain unsolvable for practitioners. Even from Roman law, these definitions are taken, where public interests are protected by public criteria, and by individual individuals by civil criteria. This formula is untenable, the author believes, since family interests, their property, inheritance are connected with the state and should not be indifferent to it. A more detailed presentation of Pokrovsky’s analysis of the main problems of civil law can be found in the next chapter.
Where do historical roots come from?
The society consists of families, which are the basis of civic institutions with a deep legal subsoil. Therefore, private law is less mobile than public. In the state system, situations can often change under the influence of politics and historical processes. In private legal practice, civil principles have remained unchanged for centuries. Peoples go their historical way with a special collective personality, but have a national difference. A common criterion between them is interhuman relations and the search for truth. Unity in the historical development and the desire of the population to communicate are the same legal norms. Such conclusions are presented by Pokrovsky's monograph on the main problems of civil law.
Fundamentals of ideological trends
Considering the ideology of crime in the essay, the author makes it clear that misconduct committed in everyday life is subject to general laws. Human behavior is controlled by social and psychological forces, which depend on the consciousness and will of the social system. Immediate and practical vital interests are regulated by existing legislative standards. With the development of society, legal attitudes are systematized, scientific methods are established for their interpretation. So you can convey the thoughts of Pokrovsky and the main problems of civil law in the summary of his work.
Philosophical Retreat
The author tries to convey to the readers the cultural essence and human progress, where culture cannot exist without human morality. A person creates various works, drawing the fruits of science, art, it develops. In the philosophical conclusion of the author, the main problems of civil law consist of a system of different tools that affect human behavior, used as official tools, so that the society can rise morally. The state should recognize each inhabitant as free and ensure cultural, ethnic progress, where the role of mediocre service in the improvement of the individual belongs to law.
The scientist saw a close connection in general perspective lines with philosophical questions. Lawyers of our time admit how divorced they are from this doctrine, so many issues are decided at random. Modern science teaches lawyers to be afraid of the likeness of metaphysics and not to fantasize with the law. From here comes immersion in the bustle of everyday life with painstaking dogmatic work. In theoretical interpretations of problems there is no deep ideological flow. Under such conditions, civil law, as a science, is divorced from life, represents a dried scholasticism together with civilists in the form of an obsolete caste.
Until it’s too late, it is necessary to illuminate the problem of a civilistic character from the side of the philosophical view, so that the human spirit is visible, it is necessary to introduce thinking citizens into the ideological interests. Essays like Pokrovsky’s set such goals. The scientist understands: he does not solve the problems of jurisprudence with his conclusions, and he was even surprised that his book aroused interest among the outstanding lawyers of that time.
It is necessary to take into account the difficulties of the political period when there were no beaten roads. The scientist passed from one question to another, as through an impassable forest. The author was grateful for the criticism of the reviewers; he assured them that all the errors and inaccuracies were weighed and taken into account. He made appropriate corrections in those parts of the text with which he agreed. The scientist noted that the book is his first draft of the future major work of the whole society. To create a lawful state, it is necessary that its population be legally competent.
What issues does the publicist focus on
Pokrovsky Joseph Alekseevich sees the main problems in civil law in the following points:
- certainty of law and the so-called free judicial legislative creation;
- strength and subjectivity of law, abuse of it;
- personal protection with its specific features;
- intangible interests;
- protection of legal entities;
- family relationships;
- ownership and possession.
The author points out the need to protect ownership as a form of belonging of a thing to a particular person.
The concept of contractual freedom
In his monograph, the writer makes clear the importance of the obligations made in the contracts. The agreement must be concluded on the basis of voluntary expression of will. If this character is violated, it has a definition - a vice of will. The publication of Pokrovsky on the main problems in civil law indicates restrictive principles in the agreements:
- public order;
- good morals;
- conscience.
It is necessary to fight if there are facts of economic exploitation, usury. In those days when the work was published, it was noted that all attempts to regulate the relations of economic entities led to fundamental and practical insolvency. In modern textbooks, the main problems of civil law do not contain the absence of contractual freedoms. All agreements are implemented in compliance with the rights of both parties. The court considers conflict situations on the basis of the conditions specified in the contract. Failure to fulfill obligations is punishable by penalties if such requirements are subject to prior written agreement.
What is the liability for harm
The person who caused damage to the property of others must compensate him, and determines the volume and guilt of civil proceedings. All principles in identifying guilty, the procedure for the expansion of offenses must comply with a fair hearing in court with a decision.
The issue of the inheritance and the rules for transferring property in mandatory shares, in which cases the inheritance can become the property of the state, is considered separately in the monograph.
Total
I.A. Pokrovsky all his life followed his firm beliefs in moral duty as a legal scholar. He did not change the policy in civil law, did not create historical foundations in this direction, but no one has such merits. Modern scholars believe that he introduced the image of a future system into civilian science:
- with basic ideas;
- design features;
- statement of problems before the society of lawyers.
Pokrovsky’s whole life is research by:
- search for the foundation from past examples of civilizations;
- bringing the theory to real civil law in the conviction of their innocence;
- conclusions about the laws that human relations should comply with in the future.
By his theory, the scientist wanted to ensure that the ancient foundation of jurisprudence was an example and served to develop human relations in the ideal that he had. Scientific research was not fully devoted to modern civil law. His passion was the work of ancient jurists, in particular, Roman lawyers, the foundations of their legislation. One of his writings on this subject has become a textbook. The “history of Roman law” completes the historical epic, but even there the theoretical conclusions about civil law are detailed.