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История государства и права России. Общая характеристика Русской Правды (самое важное)

Lecture notes, cheat sheets

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7. General characteristics of Russian Pravda

Russian True is one of the main sources of the history of the state and law of Russia. Russkaya Pravda is not the only text, there are more than 100 of them. 3 groups:

1) a short edition of the Russian Truth (this group belongs to the first written laws of Kievan Rus);

2) lengthy edition (it contains 121 articles);

3) abridged edition (the latest edition of Russian Pravda).

All these truths were a continuous text without division into articles, they divided it later in the XNUMXth century.

Short version structure Russian Pravda initially had no divisions, but later (XVIII century) was divided into parts:

1) Truth of Yaroslav (published in 1015-1054);

2) The truth of the Yaroslavichs (in the 60s of the XNUMXth century).

The final version of the short edition of the Russkaya Pravda was formed at the end of the XNUMXth century.

In the XII century. Vladimir Monomakh added new legal norms to Russian Pravda, as a result, Russian Pravda began to consist of parts and was called lengthy edition:

1) Court of Yaroslav (original, short version);

2) The charter of Vladimir Monomakh (his reforms of the state apparatus and the judiciary).

A lengthy edition existed until the XNUMXth-XNUMXth centuries, including the period of feudal fragmentation and the Tatar-Mongol yoke.

abridged edition belongs to the second half of the XNUMXth century, which is associated with the name Ivan III and his reform of the legal system and the systematization of law. The abridged edition of Russkaya Pravda is called so because the norms of law that have become irrelevant were excluded from its composition.

Russkaya Pravda regulated mainly issues of criminal law, but it also dealt with issues of family and marriage, inheritance law and issues of the legal status of the population.

According to Russian Pravda, the following were distinguished segments of the population:

1) princes (were above the law);

2) boyars (they obeyed the law and were called princely people);

3) clergy (only the church judged them);

4) simple free people (merchants, smerds and some others);

5) lease (derived from the word kupy - "loan agreement"; a purchase is understood as an already dependent employee, his dependence on the creditor continued until the full payment of the debt);

6) slaves (slaves);

7) Ryadovichi (from the word row - "agreement"; they entered into an agreement on their temporary servile position).

Russkaya Pravda did not contain provisions on the ownership of land, while sanctions were established for an attempt on property, for example, a fine of 12 hryvnia was established for plowing the boundary. Responsibility for an attempt on the property of different segments of the population was established differently.

Russkaya Pravda had the concept of a tort obligation. Responsibility for such an offense was established in the amount of damage caused.

Russkaya Pravda regulated contract law.

Types of contracts according to Russian Pravda:

1) sales;

2) loan;

3) storage of property (luggage);

4) self-mortgage loan (purchasing);

5) contract ("lesson of bridgemen");

6) personal recruitment.

The form of the contract was oral, in front of witnesses, with the performance of some symbolic actions (hand-beating). Failure to fulfill the contract could entail not only foreclosure on property, but also on the debtor himself under the contract.

According to Russian Pravda, it stood out inheritance:

1) by law;

2) by will.

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

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