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The correlation between legal norms in the Roman-Germanic legal system


Author: Popescu Getty Gabriela
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2009
Scientific adviser: Andrei Smochină
doctor habilitat, professor, Institute of History of the ASM
Institution: Free International University of Moldova
Scientific council: D 15-12.00.10
Institute of History of the ASM

Status

The thesis was presented on the 28 March, 2009 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.32 Mb / in romanian

Thesis

CZU 340.13(=13+=11)(043.2)=135.1 P81

Adobe PDF document 0.89 Mb / in romanian
143 pages


Keywords

legal norms, the legal system, the principles of law, the sources of law, law elaboration, the Roman-Germanic legal system, the common-law system, the relationship between legal norms, the hierarchy of the legal norms

Summary

This study (deals with/represents the analysis of) the relationship between the rules of law in the Roman-German lawful family. The main purpose of this study is to develop the theory of the relationship between the rules of law in the Roman-German lawful family.

The major goal we aim at is to analise all the aspects that refer to the relationship between the rules of law in the Roman-German lawful family, to reveal all the problems that arise in this area and to suggest solutions for their regulation.

On the basis of studies, realized by different theorists from the Republic of Moldova and abroad as well, that refer to law and other areas that interact with law, taking into account internal and international standards, we investigated the following subjects: legal norms, the legal system, the principles of law, the sources of law, law elaboration, the Roman-Germanic legal system, the common-law system, the correlation between legal norms, etc.

There have been researched /analised the following situations in which the rules of law correlate: the correlation between legal norms with the same legal force, the correlation between legal norms with different legal force, the correlation between legal norms that come from the same source of law, the correlation between legal norms from the national and international systems of law. There has been studied the way in which the peculiarities of the system of law influence the correlation between legal norms and the way in which the correlation between legal norms varies within different systems.

The scientific innovation of the present research consists in fulfilling the first complex study in the national doctrine concerning the correlation between legal norms in the Roman-Germanic legal system, a part of which is the Republic of Moldova.