Ordinance on Uniformity. The year 1714

1714 in Russia marked the formation of a neworder. Peter I signs a new decree "On Unified Inheritance", thus he is trying to put an end to the countless fragmentation of noble estates and to attract new people to the service of the sovereign in the army. This law prescribes leaving one property only to one person — the eldest son or daughter, or, under the owner’s will, to someone else.

Important step

In 1714, Peter passed the law "Onsole succession "to erase the boundary between the notion of patrimony" (land ownership held by the feudal lord, with the right of sale, donation) and the estate. this led to the strengthening of the landlord economy.

Has the decree "On Unity" issued under the influence of the West?

Initially, one might have thought that Peterwas under the influence of Western countries, he was interested in the order of inheritance in England, Venice, France. Inspired by a foreign example, Peter I defined the transfer of all property to one, the eldest son.

The decree "On United Heritage" was significantly different fromEuropean analogue, he did not leave the right of ownership of property exclusively for the eldest son, and provided for the appointment of any heir, excluding the fragmentation of the land plot, the estate.

Thus, the formation of the nobility was observedproperty, legally it was a completely different notion of inheritance. Peter created the exclusive concept of a family nest, for many years tying up the indefinite hereditary and hereditary service of the owner.

Decree "On United Heritage": service as a way of acquiring property

In this law, the main purpose remained lifelong duty in the army. They tried to get away from this in various ways, but the state strictly punished those who did not appear on an appeal.

In this decree were still cons: now the owner could not sell or mortgage the property. In fact, Peter equalized the distinction between the patrimony and the estate, creating a new legal form of ownership. In order for the designated decree "On United Heritage" to be observed and there were no ways to get around it, Peter I imposes a huge tax (duty) on the sale of land property (even for nobleman’s children).

In the future, the law prohibited the purchase of estates foryounger children, if they have not served a certain period of service in the army (meaning the cadet corps). If a nobleman did not, in principle, serve, then his acquisition of land ownership became impossible. This amendment could not be circumvented, as they were not taken to military service only if the person had obvious signs of dementia or serious health problems.

Property inheritance procedure

Peter's decree "On the Unity" dictates the agethe procedure for owning real estate. From the age of 20, the heir could have disposed of land property, from the age of 18 he was allowed to manage movable property, this amendment applied to women from the age of 17. It was this age that was considered marriageable in Russia. To some extent, this law protected the rights of minors: the heir was obliged to preserve the real estate of his younger brothers and sisters, to take care of them gratuitously until their full acceptance of the inheritance.

The essence of the decree of Peter I

There was discontent among the nobility, sinceThis document went in favor of one person, often forcing others to remain in poverty. In order for the property to pass to the daughter, her husband had to take the name of the testator, otherwise everything passed to the state. In the event of the death of the eldest son before the father, the inheritance passed by seniority to the next son, and not the grandson of the testator.

The essence of the decree "On United Heritage" wasthat if a nobleman had an eldest daughter married before his death, then the whole estate passed on to the next daughter (also by seniority). In the absence of children from the heir, all property was transferred to the senior relative in the nearest degree of kinship. If the inheritor had a widow after his death, then she received a lifelong right to own her husband’s property, but according to the amendment of 1716, she received one fourth of the property.

Discontent of the nobles and the abolition of the decree

Peter's decree met with strong discontent insociety, as it affected the interests of the nobility. Treatments in the law contradicted themselves. The nobility did not share the views of the sovereign on the decree "On Uniformity". The year 1725 brought significant changes, easing the initial settings. This action provoked even greater confusion, and as a result, in 1730, it was completely canceled by Empress Anna Ioannovna. The official reason for the cancellation of the decree was that in practice it was not possible to achieve the economic justification of the heritage of real estate.

The decree “On the One-Inheritance” issued by Peter I in 1714 led to the fact that by all possible means fathers tried to divide their property equally into all children.

By this law it was designated thatthe inheritance involves all the sons and children of the deceased. Grandsons of the testator received a share of his father, who died before the testator. Including other relatives, and the spouse of the testator, who received her part of the property, were called upon to inheritance. In the absence of close relatives, the inheritance was transferred to the brothers of the deceased by seniority. If the testator had no relatives or, in the event of the refusal of the inheritance, the movable and immovable property passed to the state.