17. Real, liability and inheritance law according to the Pskov Judicial Charter

1. Real right.

The Pskov Judicial Charter singled out property rights:

1) real estate: land, forest, yard, fishing area;

2) on movable property.

Ways of acquiring property rights were:

1) purchase and sale;

2) inheritance;

3) obtaining offspring (from livestock);

4) expiration of the limitation period for possession, etc.

"Feeding" is one of the types of property rights.

feeding is the temporary use of someone else's property. Feeding was established as the right to use the property of the deceased spouse for the surviving spouse for the duration of his life or until the conclusion of a new marriage.

The Pskov Judicial Charter singled out among property rights - bail, which is further subdivided into:

1) pledge of movable property (in this case, the pledged thing was kept by the lender until the payment of the debt);

2) mortgage of real estate (the mortgaged property itself did not pass into the possession of the mortgagee, but the documents for this property had to be transferred to the lender).

2. Law of Obligations according to the Pskov Judicial Charter, it was equated to a contractual one.

Ways to conclude contracts:

1) verbal agreement (an oral contract was concluded with witnesses who could confirm the terms of the contract in the event of a dispute);

2) "record" (by drawing up a written document, which must be deposited in the Trinity Cathedral in Pskov or another cathedral in the city);

3) "board" (i.e., by compiling a simple written document without special requirements, such a document was kept by the compiler without being transferred to the archive of the cathedral).

The most important transactions were concluded by drawing up a "record", since it had the greatest probative value.

The Pskov Judicial Charter highlights treaties:

1) sales (contracts for the sale of real estate were drawn up only in writing or in front of witnesses, while a transaction made in a drunken state could be protested and declared invalid);

2) exchange;

3) donations;

4) loan (the loan agreement had to be concluded in writing on a "board" or "record" if the amount of the debt exceeded 1 ruble; the return of the debt was formalized by a receipt, a copy of which was handed over to the state archive);

5) loans;

6) luggage (the contract of luggage, storage of property was drawn up in the form of a "record"; the limited liability of the custodian was established for the loss of goods as a result of fire, robbery, rebellion, on the way or in a foreign land);

7) hiring of property and personal (a contract of personal employment is an obligation of an employee to perform work for the owner for a certain period of time for a fee specified in the contract; the employee could stop working before the expiration of the term and go to court with a claim for the recovery of wages in case of refusal to pay).

3. Inheritance law. According to the Pskov Judicial Charter, it stood out:

1) inheritance by law;

2) testamentary succession.

According to the law, the surviving spouse, children, parents, brothers and sisters, that is, the closest relatives, could inherit. Deprivation of inheritance was allowed for the guilty behavior of the heir, for example, a son who refused to support his parents or left home.

Will form - written, with the preparation of a "record" and its transfer to storage in the archive.

Authors: Dudkina L.V., Shcherbakova O.V.

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