CIVIL-LEGAL NATURE OF THE INSTITUTE OF ZAKALAT AND PROBLEMS IN ITS APPLICATION

Abstract

This article provides an in-depth analysis of the civil-legal nature, functions and problems in the practice of its application of the institute of zakalat, as provided for in the Civil Code of the Republic of Uzbekistan. In particular, the distinction between zakalat and zakan, the relationship between its security and punitive functions, conflicts in the liability mechanism, and various approaches in judicial practice are studied on the basis of scientific polemics. Within the framework of comparative legal analysis, German, Russian and international private law sources are studied, and specific proposals are developed to improve national legislation.