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Political and Legal Problems Related to Estonian Private Law Reforms Prior to the Formal Statehood Period and during the Early Formal Statehood Period

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The aim of this article is to demonstrate some problems related to harmonization of Estonian private law prior to the formal statehood period, and during the early formal statehood period. With regard to Estonian private law developments prior to the formal statehood period it is concluded that such developments are closely connected to a nation's legal consciousness and identity. The Estonian private law developments during the early formal statehood period are characterized through the Panevezys-Saldutiskis Railway case that was brought before the Permanent Court of International Justice by the Estonian State against the Lithuanian State in 1937. The facts of this case date back to a legally controversial era after the October Revolution that brought principal changes to Russian private law on what law essentially Estonian private law depended on. Both periods demonstrate that changes to private law are not only technical, but closely related to a variety of categories beginning with an inner sense of morality and ending up with principles of international law.

Affiliations: 1: Doctoral Candidate, Adjunct Lecturer, University of Tartu, Estonia, Lecturer, Institute of Political Science and Governance, Tallin University, Estonia


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