| title: | The Modernization of Real Estate Law in Estonia in 19th-21th century |
|---|---|
| reg no: | ETF6647 |
| project type: | Estonian Science Foundation research grant |
| subject: |
5.2. Juridical Sciences |
| status: | accepted |
| institution: | TU Faculty of Law |
| head of project: | Marju Luts |
| duration: | 01.01.2006 - 31.12.2008 |
| description: | The majority of European legal orders were gradually being modernized during the 19th and 20th century. In the course of this process the limits characteristic of the earlier estate law were surpassed. In particular, real estate law became one of the areas where the changes induced by modernization did not merely remove the hindrances to the development of modern private law, but also created a basis for the following modernization of social structures. Furthermore, real estate law was an important junction point with great influence paid on other fields and institutions of private law. In the course of this research project, it is planned to analyse the above mentioned processes' historical development in Estonian private law in 19th and 20th century and thus fill a substantial research gap previously unattended in Estonian legal history. In the light of our current tradition, the research method is novel, since the analysis in question will encompass various levels of legal culture: legislative, practical and jurisprudential. In particular, the role of legal practice as factor of modernization - or in hindering such a development - is a question that has not been researched before and, if tackled, makes it possible to draw conclusions that are important also in the international context. Furthermore, during the project a new methodological model for further research can be developed. The conclusions thus drawn, concerning the inner working mechanisms of legal culture, extend in significance from the narrower area of the legal history to the fields of other legal disciplines. This research task, once completed, makes it possible to take part in the international discussion over the general problems of modernization, and in particular about the role of legal practice in either hindering or assisting modernization processes, as well as open a juridical perspective in the modernization studies in Estonian history. |
| project group | ||||
|---|---|---|---|---|
| no | name | institution | position | |
| 1. | Toomas Anepaio | |||
| 2. | Marju Luts | Tartu Ülikool | ||