FIDUCIA AND PIGNUS IN SOURCES OF POST-CLASSICAL ROMAN LAW -- SYNONYMS OR TERMS UTILIZED FOR DIFFERENT KINDS OF PLEDGES?

It is well known that the fiducia cum creditore contracta in the classical period practiced all over the Empire was changed by pignus in postclassical times. Therefore, in the books of the Justinian's Codification the term fiducia was replaced by the term pignus. On contrary, on the utilization of the term fiducia for pledge in postclassical sources of the so-called 'West Roman vulgar law' the literature offers only shallow information. This article aims to: 1. inform the reader about the postclassical/ early medieval sources which utilize the term fiducia as a kind of pledge; 2. find out, whether there are or not dogmatical differences between fiducia and pignus, particularly: A) does fiducia means the transfer of ownership on the pledged thing to the pledgee; B) whether mancipatio was still needed in case of fiducia and what was the meaning of mancipatio in those times; 3. find out, whether the connection of fiducia with fides could be a reason for retention of fiducia as a kind of pledge. 4. As conclusion, the articles offers a hypothetical answer on the question: why fiducia was preserved in these sources and in which sense? [ABSTRACT FROM AUTHOR]