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CNAA / Theses / 2010 / June /

The legal civil liability regarding the damage caused by defective products


Author: Kirmici Corina
Degree:doctor of law
Speciality: 12.00.03 - Private Law (with specification: Civil, Family, Civil Procedure Law, Notary, Business, Informational, Private International, Labour Law, Social Protection Law)
Year:2010
Scientific adviser: Eugenia Cojocari
doctor habilitat, professor, Moldova State University
Institution: Institute of History of the ASM

Status

The thesis was presented on the 5 June, 2010
Approved by NCAA on the 5 July, 2010

Abstract

Adobe PDF document – 0.30 Mb / in romanian

Keywords

legal civil liability, tort liability, solidar liability, product, defective product, producer, damage, moral damage, guiltiness, consumer, consumer protection

Summary

Structually, the paper consisits of the introduction, four chapters, conclusions and the bibliografy with 195 references. The obtained results were published in 6 scientific works.

The studying field of the present work consisits in analyzing the essence of the legal regulations concerning the social relationships between the producer and the consumer, presenting theoretical aspects that occure the civil legal liability about the damage caused by defective products. In the thesis is analized the implementation of the liability in the Republic of Moldova and European Union member states, also the effects regarding the liability. For a better comprehensivity of the context, it was included judicial case law, in order to present not only theoretical aspects but also practical. It was discussed problems regarding the implementation of the liability, the prejudice, as a result of the purchasing of a product with a defect.

The scientific novelty, as well as originality of this work consisits in the attempt of elaboration of theoretical and practical conclusions, in presenting of certain proposals of lege ferenda that would logically result from the investigations applied in the paper, contributing in this way to the improvement of the doctrine, to the perfectation of legislation, making it more compatible and logically linked with existing national and international regulations. The theoretical importance and the applicative value of the thesis reside in the fact that it is an attempt to treat multi-aspectually the legal regulations regarding the insitute of the liability for defective products. In this context, the present thesis is a complex analisys of the institute of legal tort liability from the theoretical and practical point of view. The paper can be used as a didacting support for students, post-gradued students and researchers of the law faculties, for the specialists from private law.

The obtained results were presented to the scientific conferences and implemented in the process of elaboration of the legal draft regarding the renewable energy, with a purpose to protect the consumers from the damages that can occur as a result of the utilization of defective mixture of biofuels with fossil fuels.