Der Einfluss ausländischer Rechtssysteme auf die Entwicklung des russischen Sachenrechts

The legal regulation of Russian property law is a relatively recent development, characterized by brief regulatory frameworks and significant historical influences from German civil law. Although Soviet jurists denied the concept of property rights on means of production and rights in rem, the roots of Russian property law extend further back. In the 19th century, Russian law professors frequently studied at German universities, and the initial "Draft Civil Code for the Russian Empire" presented in 1905 reflected this influence, particularly in its property law section. This draft, however, was never enacted. Elements of it still appeared in the 1922 Russian Civil Code but were subsequently removed in the 1964 Civil Code, which was dominated by communist principles. The modern Russian Civil Code was shaped by international experts and integrated both pre-communist and Soviet legal principles. Despite major reforms of the Civil Code, property law remains an area of ongoing development. Contemporary Russian scholars engage in discussions about the general provisions on the characteristics of rights in rem. Despite the absence of a fully developed property law system, principles such as absoluteness, type limitation, publicity and specificity are debated, though the classification of rights in rem remains unsettled. The Code reflects a blend of historical influences and contemporary legal reforms, aiming to balance traditional and new legal concepts within Russia's evolving civil law framework. The evolution of Russian property law showcases a notable yet preliminary influence from international sources, impacting structural elements and legal doctrines rather than leading to direct adoption. The future direction of Russian property law remains uncertain, especially in the light of the ongoing war and the cessation of academic exchanges with Western legal systems.