Characteristics of the provisions on gifts in force in the eastern territories of the former Russian partition under The Digest of Laws of the Russian Empire

Abstract

During the period of partitions of Poland, as well as in the interwar period, in the eastern territories of the Russian partition, the so-called Eastern Borderlands, the provisions on gift contained in Volume X, Part 1 of The Digest of Laws of the Russian Empire of 1832 were in force — Swod zakonov Rossijskoj impierii. The individual provisions on gift contained in The Digest of Laws of the Russian Empire, taking into account the position of polish and russian doctrine and the jurisprudence of polish courts have been analyzed in the article. In comparison with the other partition regulations, i.e. the Civil Code of Germany (BGB), the Civil Code of Austria (ABGB) and the Napoleonic Code, the provisions concerning gift contained in the The Digest of Laws of the Russian Empire were characterised by specific regulations concerning mainly particular types of gift, such as bestowal and offering, separation and dowry, as well as by placing gift in the systematics of civil law, i.e. in the general part, and not, as it was the case in the other district legislations, i.e. in the part devoted to obligations.