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CNAA / Theses / 2005 / July /

Sources of private law from Basarabia


Author: Mihail Taşcă
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2005
Scientific adviser: Elena Aramă
doctor habilitat, professor, Moldova State University
Institution:

Status

The thesis was presented on the 1 July, 2005
Approved by NCAA on the 27 October, 2005

Abstract

Adobe PDF document – 0.25 Mb / in romanian

Keywords

the sources of private law, land custom, written law, canonical and nomocanonical sources, pravila, hrisov, Pravila of Alexandru cel Bun, Pravila of Vasile Lupu, Sobornicescul Hrisov of Alexandru Mavrocordat, Hexabiblul of Armenopol, Vasilicalele, Andronache Donici Code, Calimahi Code, civil law, commercial law, annexation, Basarabian region, Russian Empire, local law, moldavian language, Governer senate, Rules of Basarabia district constituted from 1818, local authonomy, Supreme Council, Civil Court of law, translation of local laws, draft of civil code for Basarabia, Petru Manega, preliminary speech about the draft of civil code for Basarabia, Rules for asarabian province administration from 1828, the second department of governing Senate, legislation complex collection of Russian Empire, Ismail district, Cetatea Alba district, Romanian civil code, Justice organization, Odessa Court of Appeals, Basarabian Commercial Court of law, verbal commercial juridical courts, Union Act, Sfatul Tarii, Basarabian Directing Council, Old Kingdom, Chisinau Court of Appeal, Law-decree nr. 2770 from 6 October 1918 for justice organization in Basarabia, Juridical organization, unification commission, Vespasian Erbiceanu, Juridical commission, legislative merger (unification)

Summary

The study Sources of private law from Basarabia has the purpose to examine the Romanian sources of private law and application their application in the space between Prut and Nistru from the origin and until the middle of XIX century. In order to examine this subject under all aspects, the appliance of private law sources in Basarabia was interpreted under a double point of view:

I) to the existence of juridical monuments (laws collection or isolated acts with legal feature), given by the supreme administration of the state and applied in these historical and geographical space for all the times.

II) of administrative-state organization and of political regimes that were administrating the territory between Prut and Nistru (Basarabia).

Taking into consideration the first aspects of the work, two main sources of the Romanian private law were examined – unwritten law (land custom - cutuma), written law (“Pravila of Alexandru cel Bun”, “Pravila of Vasile Lupu”, “Sobornicescul Hrisov of Alexandru Mavrocordat”, “Hexabiblul of Armenopol”, “Vasilicalele”, “Codul of Donici”, “Codul of Scarlat Calimach”, Civil Romanian Code, other sources), and thethird source – canonical and nomocanonical norms.

Taking into consideration that Basarabia’s legal status was changed several times after 1812, has been searched the faith of this sources according to the historical period of Basarabia: a) until 1812, when the territory between Prut and Nistru was a component part of Moldovan principality; b) from 1812 to 1917, when Basarabia was under Russian Empire domination; c) from 1918 to 1944, while Basarabia was part of the reinstated Romanian Kingdom frame.

In a special chapter were analyzed: the tries of Russian authorities to substitute local laws from Basarabia with Russian laws; the measures for drawing-up the draft of Civil Code for Basarabia; the fate of local law in Ismail and Cetatea Alba districts, territory, that after 1828 had an applicable legal regime different from those of other districts.

During the researching of this issue, a special attention was paid to scission, de iure, of private law at the beginning of XIX century in two big branches – civil law and commercial law, that for it had been analyzed the fate of commercial law in relationship with the historical periods mentioned above.

The last part of the work is devoted to the events that took place after 1918, measures of juridical organization and legislative merger of Basarabia with Old Kingdom.