Yearly journal of scientific articles “Pravova derzhava” Volume 33 (2022), 602-608 p.
Plavich I. V. Features of the legal regulation of the loan agreement under the civil law of the states, which included the lands of Western Ukraine in the period from 1918 to 1945
The author examines the legal regulation of the loan agreement under the civil law of the states in which the lands of Western Ukraine were in the period from 1918 to 1945 (Czechoslovak Republic, Republic of Poland, Kingdom of Hungary, Kingdom of Romania). Describing the provisions of civil law governing the loan agreement, which operated in the period from 2018 to 1939 in the lands of Transcarpathia, which were part of the Czechoslovak Republic until 1939, the author examines the rules of the General Civil Code of Austria (1811). country in the absence of its own civil code. In turn, examining the provisions of civil law governing the loan agreement, which operated from 2018 to 1939 in the lands of Eastern Galicia and Western Volhynia, the author argues that in the fi rst years since the restoration of Polish independence in the lands of Eastern The General Civil Code of Austria (1811) continued to apply in Galicia and Western Volhynia. However, in 1933, Poland adopted the Mandatory Law of the Republic of Poland, which further regulated the loan relations for the incorporation of the lands of Eastern Galicia and Western Volhynia into the USSR.
Characterizing the provisions of civil law in force in the period from 1939 to 1945 in Transcarpathia, which were part of the Kingdom of Hungary, it should be noted the following. Since, historically, the General Civil Code of Austria (1811) did not apply in Hungary, with the restoration of Hungarian state independence in 1918, the basis of its civil law was case law and customary law, supplemented by some written laws.
Attempts to codify civil law in the interwar period were unsuccessful, as the draft of the Central Committee of the Kingdom of Hungary (1928) did not enter into force.
However, in the absence of direct systematic legislative regulation of civil law relations in judicial practice, the provisions of the Draft Central Committee were used to regulate loan relations in the lands of Transcarpathia, which were part of the Kingdom of Hungary until 1945. The author also argues that in the territory of Northern Bukovina in the period from 1918 to 1940, loan relations were regulated by the Central Committee of the Kingdom of Romania (1864).
The aim of the article. Based on the analysis of civil law of the states in which the lands of Western Ukraine were in the period from 1918 to 1945 (Czechoslovak Republic, Republic of Poland, Kingdom of Hungary, Kingdom of Romania) comprehensively investigate the legal regulation of the loan agreement in Western Ukraine in the period from 1918 to 1945.
Results. The norms of the Obligatory Law of the Republic of Poland (1933) were more designed for the needs of developed civil turnover, because unlike the Central Committee of the Kingdom of Hungary (1928) and the Central Committee of the Kingdom of Romania (1864) the law was developed / adopted (1929), was more designed for the existence of loan relations in the context of infl ation, and in its content and level of legal technique was closest to modern civil law of the EU.
Key words: loan, contract, loan agreement, money, consumer goods, substitutes, liabilities, property, interest.
1. Kodifíkatsíya grazhdanskogo zakonodavstva na ukrainskikh zemlyakh: T.1/Uklad.: YU. V. Bílousov, I. R. Kalur, S. D. Grin’ko i ín. / Za red. R. O. Stefanchuka i M. O Stefanchuka. K. Pravovaya êdníst’. 2009. 1168 s. S. 109–110. 2. Pravovyye sistemy stran mira. Entsiklopedicheskiy spravochnik. Pod redaktsiyey A. Ya. Sukhareva. 3-ye izd.,pererab. i dop. Moskva, 2003. URL: http://law.niv.ru/doc/dictionary/legal-systems-ofcountries/index.htm (data zvernennya: 12.11.2021). 3. Tsaruk O. V. Stanovleniya i rozvitok zoobov’yazal’nogo prava na territorii zakhidnoy Ukrainy u skladov Pol’shi (1921–1939 r.):dis. kan. yu. n.: 12.00.01. L’vov, 2013. 224 s. S. 131–135. 4. Tsaruk O. V. Dogovor zayma na zapadno-ukrainskikh zemlyakh v Pol’she. Ekonomika, sotsiologiya i pravo: zhurnal nauchnykh publikatsiy. ¹ 12 (dekabr’). Spetsvipusk. Nauchno-izdatel’skiy tsentr «Institut nauchnykh issledovaniy». Moskva, 2012. S. 286–290. 5. Evi magánjogi törvényjavaslat MAGYARORSZÁG MAGÁNJOGI TÖRVÉNYKÖNYVE (1928). URL: https://net.jogtar.hu/ezer-ev-torveny?docid=92800000.TVJ&searchUrl=/ezer-ev-torvenyei%3Fpagenum%3D52 (data zvernennya: 10.12.2021). 6. CODUL CIVIL al regatului romaniei (1864). URL: http://legislatie.just.ro/Public/DetaliiDocument/1 (data zvernennya:10.12.2021).