The issue of invalidity of legal transactions due to mental disorder of its participant in decisions of the Directing Senate of the Russian empire (latter part of the 19th century). Part I

Abstract

The paper explores issues pertaining to the establishment of the bargaining institution in the latter part of the 19th century. Reviewed are problems of current concern in development and provision of legislative framework for legal views with regard to legally relevant mental states. The records analyzed suggest a long-term inconsistency of the Directing Senate of the Russian empire in elaborating a single approach to legal capacity to contract due primarily to legislative vacuum and lack of clarity and certainty of legal provisions in effect at the time.