Private Law of Moldova of the XVI–XVII Centuries

Abstract

Relevance. The article examines the main sources of legal regulation of private law institutions in Moldova of the XVI - XVII centuries. The main institutions of private law are revealed: property rights, obligation, inheritance, family law. The main features of the Moldovan minority, the rights of inheritance by daughters (sinisfora) are determined. The characteristic features of the family law of Moldova, the issues of dowry are revealed. The purpose of the article is to determine the range of the main sources of private law in Moldova of the XVI - XVII centuries, as well as to identify the features of the development of individual institutions of private law in medieval Moldova. Objectives: to analyze the main sources of private law in Moldova of the XVI - XVII centuries, as well as to identify some features of private law institutions of the medieval Moldovan state. Methodology. The methodological basis was the principles of historicism, methods of objectivity and scientific approach; historical and comparative approaches. The results of the scientific research allowed us to conclude that the main source of private law was customs. The development of the main private law institutions continues: property rights, property, obligation, inheritance, family law. The main institutions of private law were formed under the direct influence of Byzantine legislation. The Moldovan private legal system of the XVI-XVII centuries was characterized by the priority of younger children over older ones (including daughters) – the minority, as well as equality in inheritance not only of sons, but also of daughters (sinisfora). Conclusions. It was concluded that during the period under study, the main private law branches of law, in par-ticular property, obligation, inheritance, and family law, continue to take shape. The formation of these institutions takes place under the direct influence of Byzantine legislation. Among the sources of private law are the custom, the Syntagma of Matthew Vlastar, the Byzantine Agricultural Law, the Code of Vasily Lupu of 1646. The Moldovan legal system of the XVI-XVII centuries was characterized by equality of inheritance, both sons and daughters (sinisfora). In addition, Moldovan law was characterized by a minority, which became widespread not only in relation to sons, but also daughters. All this testified to the relative independence of Moldovan women, which is explained by historically established family traditions, as well as customary law. In this sense, despite the immaturity of the Moldovan legal system in certain provisions of inheritance law, namely, in equality of rights of heirs regardless of gender, Moldova was ahead of many developed European countries with rich legal traditions.