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Constitutional Family Protection in Republic of Moldova


Author: Demerji Maria
Degree:doctor of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Year:2010
Scientific adviser: Ion Guceac
doctor habilitat, professor, Moldova State University
Institution: Institute of History of the ASM
Scientific council: DH 15-12.00.02-27.03.08
Institute of History of the ASM

Status

The thesis was presented on the 30 April, 2010
Approved by NCAA on the 3 June, 2010

Abstract

Adobe PDF document0.70 Mb / in romanian

Keywords

family, constitutional protection, family protection, maternity, paternity, childhood, constitutional Law principles, constitutional warranties, the institution of the family, the institution of paternity.

Summary

The structure of the thesis: introduction, 4 chapters, 15 paragraphs, conclusions and recommendations, bibliography of 230 names, 21 annexes. The obtained results are published in 8 scientific works.

The study domain: a complex analysis from all angles of the institution of the family and its constitutional protection in the current conditions of deep social and economic transformations. The Scope and objectives of the work: detailed research of the family as a legal institution, part of Constitutional Law, measures of its protection, as well as protection of its sub-institutions (maternity, paternity and childhood); the deepening of the research of the family institution in its evolution; the research of constitutional warranties and means for family protection; the harmonization of the national family protection legislation, as well as maternity, paternity and childhood to European standards.

The methodology of scientific research: the application of various investigation methods, such as opinions comparison and contrast, the analysis and synthesis of the researched material, the complex study of various national and international documents made it easier to define main notions of the thesis and to formulate opinions during the theoretical interpretation of the general notions on constitutional family protection, maternity, paternity and childhood as an object of regulation of Constitutional Law.

The scientific novelty and originality: discussion of the issues of constitutional family protection by means of the Constitutional Law. Innovative accents are made on the necessity of defining the notions of “family”, “paternity”, “surrogate mother” in the theory of Constitional Law and in the laws in force with the objective of assuring on the substantive and procedural level concerning the rights and obligations of the family members, including by means of courts participation.

As well as, the work contains other conclusions and scientific recommendations, whixh can add up to a serious breakthrough in the development of the family institution as an essential part of the democratic state, based on legality.

Theoretical significance: the results of the investigation will be useful in the process of development of the science of law in general and Constitutional Law in particular concerning Family Protection. The thesis covers such concepts as the origins and the evolution of the family institution, develops the stages of its development, constitutional protection of the family. The application value of the thesis: the results of the investigation can be used in the future investigations made by researchers in family protection domain, as well as in the process of professional legal education; a resource of popularization of legal knowledge on family protection.

The implementation of scientific results: the results of the research are used during the education process, in particular for the teaching of the Family Law course within the Academy of Economic Studies of Moldova.