Formation and Development of Commercial Law in Kievan Rus'.

Abstract

This article examines the process of formation and development of norms and rules of the commercial law in Kievan Rus' as well as focuses on the basic concepts and legal constructions of the contemporary law.

The author has concluded there was a complex and multifaceted development of social relations during the establishment period of the old Russian law. At that time, the legal system was not yet fully developed, the legal regulation had not covered all forms of the social relations, so the norms and rules of commercial law were not clearly grouped into relatively independent structural entities. Therefore, at the time of Kievan Rus', the basic sources of the commercial law were the legal custom, the Rus'– Byzantine treaties as well as the recensions of Rus'ka Pravda. The provisions of Rus'ka Pravda covered the legal relations, such as purchase and sale agreements, loans, and the storage of goods and products. Besides, due to increase in the level of trade, the bankruptcy rules were included into Rus'ka Pravda. The author has established that the formation and development of Kievan Rus' institutions had influenced the further social stratification process, as the property and social division of population continued.

A free society stimulated the social stratification where an entrepreneurship becomes a common business activity. According to the author, merchants, moneylenders and craftsmen had the top social positions. At the time of Kievan Rus', the main economic centers of handicrafts and trade were cities just like in medieval Europe.

The author argues that the commercial law of Kievan Rus' is a unique law of producers’ society, which norms regulated the commercial and economic turnover.