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CNAA / Theses / 2009 / June /

Law collisions in the Legal Liability Institution


Author: Guţu Alexei
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: Dumitru Baltaga
doctor habilitat, professor, Free International University of Moldova
Institution:
Scientific council:

Status

The thesis was presented on the 25 June, 2009
Approved by NCAA on the 5 November, 2009

Abstract

Adobe PDF document – 0.36 Mb / in romanian

Keywords

complex juridical institution, legal liability institution, juridical defect, juridical collision, causes of juridical collisions, mechanism for preventing, eliminating and overcoming juridical collisions, prevention of juridical collisions, elimination of juridical collisions, overcoming of juridical collisions, collision norms

Summary

This study represents the analysis of one of the most widespread defects in the legislation of the Republic of Moldova – law collisions. The major purpose of the research is to elaborate the theory of law collisions on the example of the legal liability institution.

The finality we aim at, within the theoretical dimensions that we have under-taken, refers to the formation of a unitary conception regarding the law collisions that exist in the legal liability institution and the elaboration of an effective mechanism that would prevent, eliminate and overcome them.

Basing our study on the works that refer to law and other areas that law inter-acts with, realized by both autochthonous and foreign theorists, taking into ac-count internal and international regulations, we have investigated the following subjects: the legal liability institution as a constituent element of the system of law, law collisions and the causes that provoke them to appear, the methods for preventing, eliminating and overcoming them etc.

Law collisions have been analysed as being factors that destabilize and hin-der the normal functioning of the system of law, thus negatively influencing the social relations that they regulate and the rule of law; and have been included in the juridical defect category within the law doctrine.

After analysing this phenomenon we have revealed the idea that, first of all, it is necessary to make all the required efforts in order to prevent the law colli-sions. In the situation when they have already appeared, we should determine the category they belong to and apply the most effective methods for solving them. They are as follows: juridical collision elimination through legislation and their overcoming by collision norms.

The scientific innovation of the present research consists in fulfilling the first complex study within the national doctrine, on juridical collisions, in general, and on the collisions in the legal liability institution, in particular; the investigation being based on the concepts existing in the juridical doctrine, the legislation and the social conditions of the new reality of the Republic of Moldova.