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Objective Laws of Evolution of Legal Liability Institutions (Historical, Theoretical, Practical Aspects


Author: Chicu Oleg
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2010
Scientific adviser: Boris Negru
doctor, associate professor (docent), Moldova State University
Institution: Moldova State University
Scientific council: DH 30-12.00.03-27.03.08
Moldova State University

Status

The thesis was presented on the 18 December, 2009
Approved by NCAA on the 18 March, 2010

Abstract

Adobe PDF document – 0.32 Mb / in romanian

Keywords

liberty, necessity, justice, legal liability, objective laws, professionals’ liability.

Summary

Thesis structure: introduction, 3 chapters, conclusions and recommendations, bibliography of 246 titles. The results obtained have been published in 8 scientific works.

Field of study and thesis objectives: The thesis is dedicated to profound study of the concept of legal liability expressed by detection of objective laws of this concept and juristic institutions through historical evolution of the juridical regulations content and doctrinal interpretations.

Novelty and scientific originality of the thesis is based on description of responsibility and legal liability highlighted from the point of view of analysis of doctrine, local and European legislation, jurisprudence, realized in compliance with historical periods of state and law development and detection of some objective laws of evolution. In the thesis there have been highlighted the new directions of investigation connected with the quality of legal liability subjects, which, in their turn, have encouraged the extension of regulatory legal construction of legal liability by introducing of another subject of legal liability besides that traditional one, i.e. of the state, in the context of investigation. Responsibility and legal liability of the state have been examined in the context of social solidarity theory, and liability for the damages caused by the state authorities or by the public officers acting in the name of the state. Responsibility of officers, judges, law professionals is a new aspect arousing interest in the doctrine and jurisprudence of the Occident and winning the recognition of those tending to become a law-governed state.

Theoretical significance and practical relevance of the paper: Theses, conclusions and recommendations concerning the essence and content of the legal liability, its connection with liberty and justice, conditions of legal liability, so as they have evolved in the historical periods presented in the Doctor Thesis, complement the theoretical basis of this scientific concept and direct to certain practical measures on the part of the state, especially a law-governed state. In this sense, the investigation results and theoretical conclusions formulated may be used in the process of legislation improvement, on elaboration and modification of some regulatory acts, on interpretation of legal rules concerning responsibility and legal liability, since the difficulties arising on solving the practical problems cannot be overcome without theoretical conceptualization of legal liability.

The investigation results may also be used on improving the curriculum of the university cycle I, Licentiate cycle, and cycle II, Master Degree program, on elaboration of courses and textbooks on the General Theory of Law, History of Political and Law Doctrines, Law Methodology.