ДОКАЗНО СРЕДСТВО ''СВОД'' У СУДСКОМ ПОСТУПКУ КОД СЛОВЕНА
“SVOD” – A LEGAL PROCEDURE AND AN EVIDENTIARY INSTRUMENT IN SLAVIC LAW

Summary/Abstract: Svod is a procedural and evidentiary instrument which can be traced in the historical sources of law of almost all Slavic peoples. For this reason, it may be considered as an archaic pan-Slavic and proto-Slavic institute. In the historical legal documents of the medieval Russia, (Czech) Bohemia, Poland and Serbia, this institute employs the same legal term and is commonly classified in the so-called antiquam iuris of the Slavic law. This ancient custom originally came into being in the period of clan and tribal communities, as a means of out-of-court settlement. In the course of time, it grew and developed into an important procedural and evidentiary instrument in legal proceedings before state courts. By its legal nature, this legal instrument was a combination of a property claim (rei vindicatio) and a personal claim (actio furti) in case of theft. The essence of this institute was a face-to-face encounter with another person. In the proceeding, the plaintiff required from the wrongful possessor of the property under dispute to prove the legal title to his possession (ius titulus). Given some restrictions, this proceeding was successively repeated with other persons until an encountered person was unable to prove a valid legal title to his possession. As a result, the plaintiff was entitled to repossess the property at issue from the unlawful possessor.

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