Customary Legal Nature of the Institution of Marriage among the Permian Peoples in the 18th – 19th centuries
Обычно-правовая природа института брака у пермских народов в XVIII–XIX веках
Plotskaya O.A. Kurilyuk Y.E. Ospanova D.A.
1 December 2022Cherkas Global University Press
Bylye Gody
2022#17Issue 41575 - 1584 pp.
The uniqueness and specificity of customary law regulation of various legal institutions is clearly manifested in the historical past, reflecting not only the established traditional ideas of peoples, but also the originality of the ethno-legal history of development. The study of the customary legal nature of the institution of marriage among the Permian peoples in the 18th – 19th centuries in modern conditions is especially relevant, as it allows us to show the national color and ethnic code of the Eastern Finno-Ugric peoples, as well as traditional ideas about marriage, enshrined in customary law, noting trends and ways of transforming this legal institution. The customary law of the Permian peoples in the 18th – 19th centuries regulated the institution of marriage on a par with the norms of positive law. At the state level, it was forbidden to marry people with dementia or mental disabilities; a ban was introduced on marriage without the mutual consent of the spouses; degrees of kinship that did not allow marriage were legalized; age criteria for marriage; prohibition of marriage without the consent to this action on the part of guardians or trustees. The institution of marriage among the Permian peoples underwent changes during the period under review. Not only legal customs changed, but also the norms of positive law. However, customary law was of great importance, since it regulated especially those areas of public life that the legislator did not always have time to regulate. The customary law of the Permian peoples, adapted to the economic and economic structure, supplemented the norms of positive law, without contradicting the latter. It detailed the institution of marriage, obliging the parties to be married to observe the wedding ceremony and ritual and traditional rites. The ritualization of wedding actions and the inclusion of customary legal elements in them made it possible not only to preserve, but also to transfer the value of the institutions of marriage and the traditional Perm family to future generations. Copyright
customary law , Komi , marriage , Permians , positive law , Udmurts , Votyaks , Zyryans
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Plekhanov Russian University of Economics, Moscow, Russian Federation
Financial University under the Government of the Russian Federation, Moscow, Russian Federation
Turan University, Kazakhstan
Plekhanov Russian University of Economics
Financial University under the Government of the Russian Federation
Turan University
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