StatusThe thesis was presented on the 19 December, 2009
Approved by NCAA on the 11 February, 2010
Abstract– 0.27 Mb / in romanian
Thesis structure is the following: introduction, 3 chapters, and bibliography with 261 assignments, 3 appendices and 133 underlying pages.
The number of publications on the topic of the thesis. The acquired results are published in 7 scientific works.
Key words: normative contract, source of law, judicial creation, conventional judicial act, judicial norm, social relation, international treaty, confederate contract, collective labour force contract, collective convention.
Research field and thesis objectives. The research field of the present thesis concerns the formal source of law, particularly the normative contract, its role in the law formation and in the law creation process. The given study deals with the law system structure and with the systematization of judicial norms. The main objectives of the present thesis are the following: historical analysis of the normative contract, the identification of the connection between the normative contract and other sources of law, fixing classification criteria and normative contract categories, determining the quality ascribed to the judicial norms comprised in the normative contract, dealing with the special characteristic and with judicial settlement peculiarities of the normative contracts as sources of law.
Novelty and scientific originality. The innovative nature of the investigations carried out is due to the aspects that are in line with the new requirements of the social reality of the Republic of Moldova, that reflect the core and the defining features of the normative contracts as sources of law. The present investigation is based on a high degree of selection differentiating the normative contract from the civil one and from other sources of law, commencing from synthesizing theoretical information signed by inland and foreign authors, devoted to general theory of law. The present thesis defines the normative contract value in a constructive manner, aiming to ensure the respect of basic human rights and liberties, given the context of integration of Republic of Moldova in the European Union.
Theoretical significance and work applied value derives from the realized synthesis and analysis during the investigations, from normative contract value and content. The thesis utility is illustrated as a theoretical support, empiric for academic courses in the law theory, including the forthcoming surveys, for professional training hired persons in the law organizations as well as decision making factors in Moldova legislative field. Concerning the applied value of the work, it is manifested through the following: by attracting civil society members in the process of law creation and by establishing a democratic mechanism for a judicial norm adoption.
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