The year 1714 in Russia was marked by the formation of a new order. Peter I signs a new decree "On Uniformity", thereby 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 only to one person - the eldest son or daughter, or by will of the owner to someone else.
Important step
In 1714, Peter adopted the law "On the same inheritance" to erase the boundary between the concept of "patrimony" (land ownership, which the feudal lord possesses with the right to sell, donate) and the estate. This is beneficial for the king, since one who accepts the heritage 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 Uniformity" issued under the influence of the West?
Initially, one would think that Peter was 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 determined the transfer of all property to one, the eldest son.
The decree "On Uniformity" was significantly different from the European analogue, 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 land allotments, 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 a tribal nest, connecting for many years the indefinite hereditary and hereditary service of the owner.
Ordinance: On service as a means of acquiring property
In this law, the main goal remained life-long military service in the army. They tried to get away from this in a variety of ways, but the state severely punished those who did not appear on appeal.
There were still disadvantages in this decree: now the owner could not sell or mortgage the property. In fact, Peter equalized the difference between the estate and the estate, creating a new legal type of property. In order for the indicated decree "On Uniformity" to be respected and there is no way around it, Peter I introduces a huge tax (duty) on the sale of land property (even for the children of a nobleman).
Subsequently, the law forbade the purchase of estates for younger children if they did not serve a certain period of time in the army (meaning cadet corps). If the nobleman, in principle, did not serve, then the acquisition of land property by him became impossible. This amendment could not be circumvented, since they were not taken to the army only if the person had obvious signs of dementia or serious health problems.
Property Inheritance Procedure
The decree of Peter "On Uniformity" dictated the age order of ownership of real estate. From the age of 20, the heir could dispose of land property, from the age of 18 he was allowed to manage movable property, this amendment extended to women from the age of 17. It was this age that was considered marriage in Russia. To some extent, this law protected the rights of minors: the heir was obliged to preserve the immovable property of his younger brothers and sisters, to take care of them for free until they fully accept the inheritance.
The essence of the decree of Peter I
Discontent arose among the nobility, as this document went to please one person, often forcing others to remain in poverty. In order for the property to be transferred to the daughter, her husband had to take the name of the testator, otherwise everything would be transferred to the state. In the event of the death of the eldest son before the father, the inheritance was transferred by seniority to the next son, and not to the grandson of the testator.
The essence of the decree "On Uniformity" was that if the nobleman had the eldest daughter married before his death, then the whole estate passed to the next daughter (also by seniority). Due to the lack of children from the heir, all property was transferred to the eldest relative in the closest relationship. If the heir left a widow after his death, then she received a life-long right to own her husband’s property, but according to the amendment of 1716, she got one fourth of the property.
The discontent of the nobles and the abolition of the decree
The decree of Peter I met with strong discontent in society, since it affected the interests of the nobility. Interpretations in the law contradicted themselves. The nobility did not share the views of the sovereign on the decree "On Equity". The year 1725 brought significant changes, weakening the original installation. Such an action provoked an even greater misunderstanding, and as a result in 1730 it was completely canceled by Empress Anna Ioannovna. The official reason for the annulment of the decree was that in practice it was not possible to achieve economic justification for the heritage of real estate.
A decree issued by Peter the Great in 1714 “On Uniform Heritage” led to the fact that by all possible means, fathers tried to divide their property equally among all children.
This law indicated that all the sons and children of the deceased were involved in the inheritance. The grandchildren of the testator received the share of their father, who died before the testator. Including other relatives and the testator’s spouse, who received their part of the property, were called to inheritance. In the absence of close relatives, the inheritance was transferred to the brothers of the deceased by seniority. If the testator did not have relatives or in case of refusal of inheritance, movable and immovable property was transferred to the state.