Attestation committee
Accreditation committee
Expert committee
Dispositions, instructions
Normative acts
MANPOWER TRAINING
Nomenclature
Institutions
Scientific councils
Seminars
Theses		 Scientific advisers
Scientists
Doctoral students
Postdoctoral students
CNAA logo

 română | русский | english

CNAA / Theses / 2008 / July /

The Theory of Legal Liability: doctrinal, methodological and practical aspects


Author: Dmitrii Baltaga
Degree:doctor habilitat of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2008
Scientific consultant: Victor Popa
doctor habilitat, professor, Free International University of Moldova
Institution:
Scientific council:

Status

The thesis was presented on the 26 July, 2008
Approved by NCAA on the 18 September, 2008

Abstract

Adobe PDF document – 1.05 Mb / in romanian

Thesis

CZU 340 (043.2) = 135.1 B-24

Adobe PDF document 1.73 Mb / in romanian
292 pages

Keywords

Accountability, responsibility, sanction, penalty, social responsibility, juridical responsibility, political responsibility, political responsibility, moral (ethical) responsibility, criminal responsibility, administrative responsibility, material responsibility, constitutional responsibility, civil responsibility, the juridical responsibility basis, conditions of juridical responsibility, conditions of the juridical responsibility, the illicit deed, action, omission (flaw), prejudice, the causative bond, culpability, juridical subject, category, juridical institution, legislation, lawful order (rule of law), the public constraint, offence, contravention (trespass), civil delict, the disciplinary misdeed, guilt, legitimate self defence, psychic or physical constraint, the absolute emergency, the assessed risk, the principles of the juridical responsibility, the functions of the juridical responsibility, the force majeur, the normative - material phases, procedural forms

Summary

The Habilitated Doctor thesis is entirely dedicated to the phenomenon and problems of the legal liability, which are traditionally the most actual and complicated in the law theory. The legal liability is a functional institution that is irreplaceable within the system of regulation and protection of law. The state of legality and rule of law in the society depends on the effectiveness of the regulatory mechanism of the legal liability.

The research begins with a presentation of the doctrinal and methodological issues of the theory of legal liability, an analysis of the legal liability as an attribute of illegal behavior was made, there was exposed the social, moral and religious basis and the evolution of the legal liability concept in the political-juridical thinking, the relation between the liability, social responsibility and the liability, legal responsibility as a pillar of realization of law.

There were presented arguments regarding the concept, criteria and the framework of legal responsibility as a scientific category of the Law Theory, which is different from the legal liability.

Within the analysis of the category of legal liability and the acceptations regarding the definition of legal liability there are established the principles of legal liability, the place and role of the functions of legal liability, there is determined a new scientific category within the Law Theory, the legal normative construction of the legal liability.

There was made a comparative analysis of the forms of material legal liability, of the doctrinal problems of the identification of the forms of legal liability, there are exposed the functions of the legal liability institutions within the branches of positive law.

The legal liability reaches its goal when the action is recognized by the state as illegal, in this case there are exposed the normative-material stages of the evolution of the legal liability and the procedural forms of the normative-material stages, the peculiarities and problems of the procedural form of the legal liability.

In conclusion, the author presents his own deductions and recommendation of theoretical-applicative nature pertaining to the Theory of legal liability.

The research work can serve as a didactic support for the law faculties, when teaching the subjects of General Theory of Law, Constitutional Law, Criminal Law, Civil Law, Labor Law etc, as well as the practice of those empower by law to decide upon applying the legal liability.

The key terms: Accountability, responsibility, sanction, penalty, social responsibility, juridical responsibility, political responsibility, political responsibility, moral (ethical) responsibility, criminal responsibility, administrative responsibility, material responsibility, constitutional responsibility, civil responsibility, the juridical responsibility basis, conditions of juridical responsibility, conditions of the juridical responsibility, the illicit deed, action, omission (flaw), prejudice, the causative bond, culpability, juridical subject, category, juridical institution, legislation, lawful order (rule of law), the public constraint, offence, contravention (trespass), civil delict, the disciplinary misdeed, guilt, legitimate self defence, psychic or physical constraint, the absolute emergency, the assessed risk, the principles of the juridical responsibility, the functions of the juridical responsibility, the force majeur, the normative - material phases, procedural forms.