The rights of juveniles in civil procedure (the 2nd half of the ХІХ century)

  • Oksana Pylypchuk State University of Infrastructure and Technologies
Keywords: the history of law, legal personality, rights of juveniles, legal capacity, active capacity, Kyiv Law Society

Abstract

The article highlights the contribution of scientists of the Kyiv Law Society to solving the problems of juveniles, their legal personality, as well as the ability to act as an orator or respondent in the civil process. In the essay we made an attempt to determine The legal significance of the concept of legal personality, which consists of such components as: legal capacity, legal competence and delictual capacity under the current Ukrainian legislation. The analysis on legal sources operating on Ukrainian territories in the second half of the nineteenth century was carried out. It showed that all people aged from 14 to 21 were considered to be juveniles, and in turn were divided into two categories by age. In addition, it has been shown that the rights of representatives of different social classes were different, and various additional rules on custody and guardianship which enriched one and limited the rights of others. were constantly issued. This led to the fact that in the early '70s of the XIX century there were about fifteen types of guardianships. It has been noted that the given situation has led to the corresponding difficulties in the regulation of legal relationships, in particular, due to the lack of systematic rules on custodianship and guardianship.  It has been shown how the members of the Kyiv Law society raised this issue and tried to initiate its solution at the legislative level. In particular, it has been shown that there wasn’t a general opinion on the matter in the second half of the XIX century. First of all, due to the inconsistency of legal norms in various legal acts. The speeches of the Society members, in which they told about the peculiarities of the current practice on the given issue at that time have been highlighted. From these it has been concluded that the most common was the thought that gave a juvenile a certain independence in the right to sue and answer in court with the permission of the trustee. It has been noted how the inflexibility of the social and legal system hampered the development of civil law, primarily because of the conservative views of the aristocracy regarding the granting of rights and freedoms to other classes of citizens in the country. It has been traced how the development of certain issues of civil law in the activities of Ukrainian scientists led to an increase in the limits of the juvenile legal personality and the current full civil capacity of juveniles in the civil process.

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Pylypchuk, O. Ya., & Strelko O. H. (2018). Istorychnyi analiz vplyvu diialnosti S. Yu. Vitte na rozvytok zaliznychnoho transportu u Rosiiskii imperii [Historical Analysis of the Influence of S. Yu. Witte on the development of salvage transport from the Russian Empire]. Іstorіya nauki і tekhnіki – History of science and technology, 8(2(13)), 353-367. https://doi.org/10.32703/2415-7422-2018-8-2(13)-353-367 Tsyvilnyi kodeks Ukrainy: stanom na 13 liutoho 2019 r.: vidpovidaie ofitsiinomu tekstu [Civil Code of Ukraine: as of February 13, 2019] (2019). Sumy: TOV «VVP NOTIS» [in Ukrainian].


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Published
2019-06-18
How to Cite
Pylypchuk, O. (2019). The rights of juveniles in civil procedure (the 2nd half of the ХІХ century). History of Science and Technology, 9(1(14), 120-129. https://doi.org/10.32703/2415-7422-2019-9-1(14)-120-129