1714 in Russia was marked by the emergence of a new order.Peter I signed a new decree "On primogeniture", thus he tries to end the fragmentation of countless noble estates and to attract new people to the service of the Emperor to the army.The law prescribes to leave the real estate is only one man - the eldest son or daughter, or the will of the owner to someone else.
important step
In 1714, Peter takes the law "On primogeniture" to erase the boundary between the concept of "patrimony" (land ownership, which has a feudal lord, with the right of sale, donation) and place.It is advantageous for the king, as one who accepts the legacy should be for life in the service of the Emperor.It also led to the strengthening of the economy of the landlords.
Issued whether the decree "On primogeniture" under the influence of the West?
Initially, one might think that Peter was under the influence of Western countries, he was interested in the order of inheritance in England, Venice, France.Inspired by the example of foreign, Peter I determined the transfer of all property to one, the eldest son.
decree "On primogeniture" significantly different from European counterpart, it does not have any right to ownership of property exclusively for the eldest son, and called for the appointment of any successor, excluding crushing a plot of land, estates.
Thus, the observed formation of a noble property, legally it was a completely different concept of the transfer of property by inheritance.Peter has created an exclusive concept of generic nest for many years linking perpetual hereditary and hereditary owner of the service.
decree "On primogeniture": service as a way of acquiring property
The Act's main purpose was life serve in the army.From it tried to escape in various ways, but the government severely punish those who did not show up at the call.
The decree were more cons: now the owner could not sell or mortgage the property.In fact, Peter made the call, and the distinction between the domain of the estate, creating a new legal form of ownership.To designated a decree "On primogeniture" respected and there was no way to work around it, Peter I introduces huge tax (duty) on the sale of landed property (even for children nobleman).
In the future, the law has forbidden to buy the estate for younger children, unless they have served a certain period for military service (meaning the cadet corps).If a gentleman basically not served, the acquisition of their land ownership becomes impossible.This amendment was impossible to get around, since the army did not take, only if a person were clear signs of dementia or serious health problems.
order of inheritance
decree of Peter "on primogeniture" age dictated the order of tenure.With 20 years the heir could dispose of land ownership, with 18 years was allowed to lead the movable property on women this amendment extended to 17 years.This is the age of marriage was considered in Russia.To some extent, this law protects the rights of minors heir was required to keep the real estate of their younger brothers and sisters, take care of them for free to their full acceptance of the inheritance.
The essence of the decree of Peter I
discontent arose among the nobility, since this document was in favor of one person, often forcing the other to remain in poverty.To the property passed to his daughter, her husband had to take the last name of the testator, otherwise all the transitions to the state.In the case of the death of the eldest son of the inheritance before his father passed next in seniority son and not the grandson of the deceased.
The essence of the decree "On primogeniture" was that if a gentleman's eldest daughter married before his death, the whole estate passed following daughter (also by seniority).For lack of heir children all property passed to senior relative in the nearest degree of kinship.If the testator after his death remained a widow, she received a lifetime right to possession of the property of her husband, but by an amendment in 1716, she was getting any one of the fourth estate.
dissatisfaction with the nobility and the abolition of the decree
decree of Peter I met strong discontent in society as it affects the interests of the nobility.Interpretation of the law contradicted themselves.The nobility did not share the views of the emperor in the decree "On primogeniture."Year 1725 brought the first significant changes poslablyaya initial installation.This action provoked an even greater lack of understanding, and as a result in 1730 it abolished the Empress Anna Ivanovna.The official reason for the cancellation of the decree was that in practice it was not possible to achieve economic viability of the heritage real estate.
Published by Peter I in 1714 a decree "On primogeniture" led to the fact that in every possible way tried to fathers to share their possessions equally among all children.
This law has been identified that are involved in inherited all the sons and children of the deceased.Grandchildren of the deceased received a share of his father, who died before the testator.Including the inheritance and other relatives were called, and the wife of the deceased, receives its part of the property.In the absence of close relatives of the deceased brothers legacy transmitted by seniority.If the testator had no relatives or in case of refusal from the inheritance of movable and immovable property passed to the state.
