KRASNOV S.Yu. The Don Cossacks’ customary law regulation of various options of guardianship (trusteeship) in the second half of the XIX century

DOI: http://dx.doi.org/10.15688/jvolsu4.2013.2.4 

Krasnov Sergey Yurievich

Candidate of Sciences (Law), Associate Professor, Department of Civil and Arbitration Proceeding,

Volgograd State University

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Prospekt Universitetsky, 100, 400062 Volgograd, Russian Federation


Abstract. At the second half of the XIX century in villages and farms of the Don Cossack Host there were various options of guardianship and guardianship over juvenile and minor children who were generally regulated not by standards of the official legislation, and the authorized Don Cossack communities to application by norms of a customary law. Thus specified norms of a customary law not only reflected, dominating in each community during this or that period of time peculiar usual and legal ideas of family life, but also in most cases directly inconsistent to standards of the official legislation. Thus, customary law regulation of guardianship at the Don Cossacks at the second half of the XIX century never was beyond traditional behavior that, despite this variability just and allows us to create rather exact, fair and reliable idea of the specified regulation. As for existence of the most different options of customary law regulation of guardianship at the second half of the XIX century that, in our opinion, isn’t available for the Don Cossacks of any bases for the statement about existence of separate types of guardianship or guardianship over juvenile and minor children. Process of updating of a customary law, by development on the basis of the traditional norms, new norms of a customary law regulating guardianship at the Don Cossacks, was carried out constantly and continuously. The main defining role in this process, in our opinion, was played by the Don Cossack communities, instead of the stanitsa’s board led by the stanitsa’s ataman. It established basic rights, duties and responsibility of trustees and as exercised continuous direct or indirect control over them.

Key words: customary law, guardianship, the update mechanism of law, Don Cossacks, the history of law of Russia.

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The Don Cossacks’ customary law regulation of various options of guardianship (trusteeship) in the second half of the XIX century by KRASNOV S.Yu. is licensed under a Creative Commons Attribution 4.0 International License.

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