在1918年至1945年期间,包括西乌克兰土地在内的各州民法下的贷款协议的法律规定特点

I. V. Plavich
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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.\nCharacterizing 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. 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引用次数: 0

摘要

作者考察了1918年至1945年期间西乌克兰土地所在国家(捷克斯洛伐克共和国、波兰共和国、匈牙利王国、罗马尼亚王国)民法对贷款协议的法律规定。在描述2018年至1939年期间在捷克斯洛伐克共和国的一部分外喀尔巴阡土地上实施的贷款协议的民法规定时,作者审查了奥地利一般民法典(1811年)的规则。这个国家没有自己的民法典。反过来,通过考察2018年至1939年在东加利西亚和西沃里尼亚实施的贷款协议的民法条款,作者认为,在波兰在东加利西亚和西沃里尼亚恢复独立后的第一年,《奥地利一般民法典》(1811年)继续适用于加利西亚和西沃里尼亚。然而,1933年,波兰通过了《波兰共和国强制法》,进一步规范了将东加利西亚和西沃里尼亚土地并入苏联的贷款关系。在描述1939年至1945年期间在作为匈牙利王国一部分的外喀尔巴阡生效的民法规定时,应当指出以下几点。从历史上看,《奥地利一般民法典》(1811年)并不适用于匈牙利,随着1918年匈牙利国家独立的恢复,其民法的基础是判例法和习惯法,并辅以一些成文法。由于匈牙利王国中央委员会(1928年)的草案没有生效,两次世界大战期间编纂民法的尝试没有成功。然而,由于在司法实践中缺乏对民法关系的直接系统的立法规定,中央委员会草案的规定被用来规范在1945年以前属于匈牙利王国一部分的外喀尔巴阡土地上的贷款关系。发件人还争辩说,在1918年至1940年期间,在北布科维纳领土内,贷款关系是由罗马尼亚王国中央委员会(1864年)管理的。这篇文章的目的。本文通过对1918年至1945年西乌克兰土地所在国家(捷克斯洛伐克共和国、波兰共和国、匈牙利王国、罗马尼亚王国)民法的分析,全面考察了1918年至1945年西乌克兰地区贷款协议的法律规制。强制性法律规范的波兰共和国(1933)更有设计需求的开发民用营业额,因为不像匈牙利王国中央委员会中央委员会(1928年)和罗马尼亚王国(1864)法律发达/采用(1929),更多的是设计存在的贷款关系的影响力,而在其内容和法律技术水平接近现代民法的欧盟。关键词:贷款、合同、贷款协议、货币、消费品、代用品、负债、财产、利息。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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.
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