The Pledge in the Customary Law of the Russian Peasantry of the Second Half of the 19th — Early 20th Centuries
( Pp. 45-52)
More about authors
Margarita A. Blinova
Cand. Sci. (Hist.), Associate Professor of the Department of Public Law; Odintsovo branch; Odintsovo, Russian Federation
Moscow State Institute of International Relations University) Ministry of Foreign Affairs of Russia
Odintsovo branch, Odintsovo, Russian Federation Vladimir E. Gusev Cand. Sci. (Hist.), Lecturer in the Department of History of State and Law
Moscow State Law University named after O.E. Kutafin
Moscow, Russian Federation Valery V. Oleynikov Cand. Sci. (Law), Associate Professor of the Department of State and Municipal Management
Plekhanov Russian University of Economics
Moscow, Russian Federation
Moscow State Institute of International Relations University) Ministry of Foreign Affairs of Russia
Odintsovo branch, Odintsovo, Russian Federation Vladimir E. Gusev Cand. Sci. (Hist.), Lecturer in the Department of History of State and Law
Moscow State Law University named after O.E. Kutafin
Moscow, Russian Federation Valery V. Oleynikov Cand. Sci. (Law), Associate Professor of the Department of State and Municipal Management
Plekhanov Russian University of Economics
Moscow, Russian Federation
Abstract:
The article examines the content of customary law norms governing pledges of movable and immovable property among the peasantry and widely applied in the work of volost courts in the post-reform period. The paper concludes that a unique situation developed in the Russian Empire in the second half of the 19th and early 20th centuries: on the one hand, official legislation existed regulating relations related to the pledge of movable and immovable property; on the other, the vast majority of the peasantry continued to resolve such cases in accordance with customary law—"as had been the custom since ancient times"—and in keeping with popular notions of justice and fairness. State sanctioning of customary law, including in the area of real estate pledges, was intended, on the one hand, to mitigate the disruption of the traditional way of life in the villages after the abolition of serfdom and thereby ensure the country's stable development for several decades. On the other hand, the preservation of customary law preserved communal orders in the village, which generally slowed the establishment of market relations in the agricultural sector.
How to Cite:
Blinova, M.A., Gusev, V.E., & Oleinikov, V.V. (2026). The Pledge in the Customary Law of the Russian Peasantry of the Second Half of the 19th — Early 20th Centuries. History and Modern Perspectives, 8(1), 45-52. 10.33693/2658-4654-2026-8-1-45-52. EDN: YZMHZW
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Blinova M.A. On the Formation of Collateral in Ancient Rus'. Society: Politics, Economics, Law. 2019. No. 6 (71). Pp. 42–46. (in Rus.). DOI: 10.24158/pep.2019.6.7.
Blinova M.A. Rights and Obligations of the Parties to Mortgage Legal Relations in the Legislation of the Russian Empire of the 19th — Early 20th Centuries. Socio-Political Sciences. 2018. No. 2. Pp. 92–97. (in Rus.).
Blinova M.A. Legal Regulation of Foreign Trade Activities of Kievan Rus' and Russian Lands of the Appanage Period. Socio-Political Sciences. 2019. No. 6. P. 65–71. (in Rus.).
Gavrilova A.V., Gavrilov S.O. Institute of Non-Professional Popular Participation in Russian Justice of the 19th — Early 20th Centuries: Non-Russian and Volost Justice. Journal of Russian Law. 2022. Vol. 26. No. 3. Pp. 139–148. (in Rus.). DOI: 10.12737/jrl.2022.035.
Leontenkova E.A. Ethnocultural Symbols in Customary Law // Legal Technology. 2026. No. 20: Proceedings of the XXVII International Interdisciplinary Scientific and Practical Forum "Yurtekhnetics" on the Topic "Symbols in Law (Doctrine, Practice, Technology)" (Nizhny Novgorod, September 24–27, 2025) / ed. in chief prof. V. M. Baranov. Nizhny Novgorod: UNICOPI, 2026. Pp. 346–351.
Malova O.V. Forms and Methods of Sanctioning Customs in the History of the Russian State. Siberian Legal Bulletin. 2012. No. 2. Pp. 15–19. (in Rus.).
Petrishcheva N.S., Shishkareva T.N. Values and Principles of Customary Law in the Post-Reform Peasant Community. Bulletin of the Lobachevsky University of Nizhny Novgorod. 2025. No. 2. Pp. 130–135. (in Rus.). DOI: 10.52452/19931778_2025_2_130.
Romanova S.V. Women's rituals and labor traditions associated with animal husbandry (based on materials from the Vologda province in the late 19th — early 20th centuries) // Woman and the material world of culture among the peoples of Russia and Europe: collection of articles / ed. T. A. Bernshtam. St. Petersburg, 1999. Pp. 92–100.
Sedelnik V.V. Marriage and family in popular legal consciousness (based on materials from Belarusian and Russian proverbs). Bulletin of the Yanka Kupala Grodno State University. Series 4. Jurisprudence. 2024. Vol. 14, No. 2. Pp. 6–14. (in Rus.). ISSN 2076-4863.
Keywords:
pledge, mortgage, customary law, transactions, purchase and sale, loan, loan, law of obligations, serfdom, volost court, mortgage, Russia..
