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12 May 2023

The Legal Regime of the Institution of Pledge in the Pskov Court Charter

Bylye Gody
The Legal Regime of the Institution of Pledge in the Pskov Court Charter

This article discusses the features of the development of legal regulation of the institution of pledge in the Pskov Court Charter of 1467. Considerable attention is paid to the analysis of archival and historical-legal documents, as well as to the study of birch bark letters and parchments containing IOUS, lists of debtors, acts of mortgage transactions. An additional source of research was collections of legal monuments of medieval Russia, which allowed us to come to the conclusion about the significant development of collateral legal relations in the last century of independence of the Pskov Republic. The article analyzes the functions of the pledge, examines the institution of change of persons in the pledge obligation, the specifics of the implementation of the pledge object, the grounds for the emergence of collateral legal relations. The purpose of this study is to conduct a historical and legal analysis of the evolution of the institution of the pledge of Old Russian civil law contained in the Pskov Court Charter. It is concluded that it is possible to consider the Pskov Judicial Charter as a codified act of legislation that laid the foundations of individual institutions of pledge law. It is proved that the Pskov Judicial Charter fixes the security and evidentiary functions of the pledge. The authors formulate a conclusion that there are two grounds for the occurrence of a pledge in the Pskov Court Certificate: on the basis of a contract and by virtue of the law. Based on the analysis of the Pskov and Novgorod charters, it is concluded that the institute of pledge of property law existed during the period of validity of the Pskov Court Charter. The interpretation of the subject of pledge in the Pskov Court Charter is proposed to be extended, including not only objects of the material world, but also property rights of claim.

Source: Ekaterina A. Sviridova, Natalya I. Besedkina, Ruslan V. Mamedov (2023). The Legal Regime of the Institution of Pledge in the Pskov Court Charter. Bylye Gody. 18(1): 5-13

Source web-site: https://bg.cherkasgu.press/journals_n/1677676398.pdf

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