1714 in Russia was marked by the formation of a new order. Peter I signs a new decree "On Single Inheritance", thereby he is trying to put an end to the countless fragmentation of noble estates and attract new people to serve the sovereign in the army. This law prescribes to leave real estate to only one person - the eldest son or daughter, or according to the will of the owner to someone else.
Important step
In 1714, Peter passed the law "On Single Inheritance" to erase the boundary between the concept of "patrimony" (land ownership, which is owned by the feudal lord, with the right to sell, donate) and the estate. This is beneficial for the king, since the one who accepts the inheritance must be in the service of the sovereign for life. It also led to the strengthening of the economy of the landowners.
Is the decree "On Uniform Heritage" issued under the influence of the West?
Initially, one might think that Peter was under the influence of Western countries, he was interested in the procedure for receiving inheritance in England, Venice, France. Inspired by a foreign example, Peter I determinedtransfer of all property to one, eldest son.
The Decree "On Single Inheritance" was significantly different from its European counterpart, it did not leave the right to own property exclusively for the eldest son, but provided for the appointment of any heir, excluding the fragmentation of the land allotment, estates.
Thus, the formation of noble property was observed, legally it was a completely different concept of the transfer of property by inheritance. Peter created the exclusive concept of the family nest, linking the unlimited hereditary and hereditary service of the owner for many years.
Decree "On Single Inheritance": service as a way of acquiring property
In this law, the main goal was to serve in the army for life. They tried to get away from this in various ways, but the state severely punished those who did not appear on the call.
This decree had more disadvantages: now the owner could not sell or mortgage the property. In fact, Peter equated the difference between the estate and the estate, creating a new legal type of property. In order for the indicated decree "On Uniform Inheritance" to be observed and there were no ways to get around it, Peter I introduces a huge tax (duty) on the sale of land property (even for the children of a nobleman).
In the future, the law forbade buying estates for younger children if they had not served a certain period of time in the army (meaning the cadet corps). If a nobleman, in principle, did not serve, then his acquisition of landownership became impossible. This amendment could not be bypassed, since they were not taken to serve in the army only if a person had obvious signs of dementia or serious he alth problems.
The order of inheritance of property
Peter's Decree "On Single Inheritance" dictated the age order for owning real estate. From the age of 20, the heir could dispose of landed property, from the age of 18 it 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 keep the real estate of his younger brothers and sisters, to take care of them free of charge until they fully accepted the inheritance.
The essence of the decree of Peter I
Discontent arose among the nobility, as this document was to please 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 to the grandson of the testator.
The essence of the decree "On single inheritance" was that if a nobleman's eldest daughter married before his death, then the entire estate passed to the next daughter (also by seniority). In the absence of children from the heir, all property passed to the eldest relative in the closest degree of kinship. Ifthe widow remained after his death, she received a lifelong right to own her husband's property, but according to the amendment of 1716, she got one-fourth of the property.
The dissatisfaction of the nobles and the abolition of the decree
The decree of Peter I met with strong discontent in society, as it affected the interests of the nobility. The interpretations in the law contradicted themselves. The nobility did not share the sovereign's views on the decree "On Single Succession". The year 1725 brought significant changes, loosening the original attitudes. Such an action provoked even greater misunderstanding, and as a result, in 1730, Empress Anna Ioannovna completely canceled it. The official reason for the annulment of the decree was that in practice it was not possible to achieve the economic justification of the legacy of real estate.
The Decree "On Single Inheritance" issued by Peter I in 1714 led to the fact that in every possible way fathers tried to divide their property equally among all children.
This law indicated that all sons and children of the deceased are involved in the inheritance. The grandchildren of the testator received a share of their father, who died before the testator. Including other relatives, and the spouse of the testator, who received her part of the property, were called to the inheritance. In the absence of close relatives, the inheritance was transferred to the brothers of the deceased according to seniority. If the testator had no relatives, or in the event of renunciation of the inheritance, movable and immovable property passedstate.
