Abstract
In this article, the author conducts a study of the formation and development of civil legislation, which determines the legal regime of the treasure. The author started this research from the time of Ancient Rome, where for the first time legislation was formed that determined the ownership of the treasure. It is noted that the modern civil law of Ukraine inherited the legal traditions of Roman law regarding the institution of treas- ure through the legislation of the Grand Duchy of Lithuania and the Hetmanship.A detailed review of the norms of Roman private law is carried out, which defines the range of subjects who may have ownership of the treasure: the owner of the land plot, the person who found the treasure, and the state. It is indicated that in the VI century not. Justinian’s Digests define treasure and distinguish between it and property that has an owner.The formation and development of the institution of treasure in Ukrainian lands since the Polish-Lithua- nian period is analyzed, since until then it had developed exclusively on a customary basis. The II Lithuanian Statute of 1566 is studied, as well as its influence on the code «Laws by which the Little Russian people are judged» of 1743 in matters of civil law regulation of the treasure. It is noted that the last legal code further developed the institution of the treasure, enshrining special norms that determine the property of the treasure to the previous owner of the thing and the state.Attention is drawn to the legislative regulation of the institution of treasure in the Russian Empire (Vol- ume X Code of Laws of the Russian Empire) and Soviet times (Central Committee of the Ukrainian SSR 1963). It is noted that the principled approaches regarding the recognition of ownership of the treasure of the specified periods were not adopted by Ukraine.The article analyzes the scientific developments of scientists of the 19th and 20th centuries regarding the institution of treasure in civil law.
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