Attestation committee
Accreditation committee
Expert committee
Dispositions, instructions
Normative acts
MANPOWER TRAINING
Nomenclature
Institutions
Scientific councils
Seminars
Theses		 Scientific advisers
Scientists
Doctoral students
Postdoctoral students
CNAA logo

 română | русский | english

CNAA / Theses / 2010 / July /

The legal regime of inheritance under private international law


Author: Şeremet Igor
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: Violeta Cojocaru
doctor habilitat, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 2 July, 2010
Approved by NCAA on the 6 October, 2010

Abstract

Adobe PDF document – 0.27 Mb / in romanian

Keywords

legal regime of inheritance, legal and testamentary inheritance, heir and testator, legal and testamentary devolution, inheritance and testamentary capacity, inheritance goods, the good, successor options, conflict rule, vacant inheritance, conflict of qualification, matrimonial regime

Summary

The structure of the PhD paper: introduction, three chapters, conclusions, bibliography of 231 items, 166 pages of basic text. The results are published in 7 scientific papers.

Area of study of this paper is to study the conflict of qualifications in terms of correlation matrimonial and inheritance regime in personal status matters. The main objectives include the 1.analysis of the historical and legal-philosophical evolution of the inheritance institution; 2.analysis of the terminological explanations of the concept of inheritance right; 3.the role of conflict rule in inheritance cases; 4.identification of problems related to the applicable law for inheritance regime; 5.motivation of the comparative aspects of the connecting points – domicile, temporary residence, habitual residence; 6.analysis of national regulations under the international framework; 7.analysis of the solutions provided by the national law and elaboration of own lege ferenda solutions

Novelty and originality of this paper is the expression of the theoretical and practical conclusions and submission of the lege ferenda proposals that would result from the investigations made in the paper, contributing to the enrichment of the private international law doctrine, to the improvement of the in force legislation, by making it more compatible with the existing national and international regulations.

Research methodology includes the following methods: historical method, logical method, comparative method, systemic method, dynamic method, synthetic method, etc.

Theoretical and applicative values of this paper consist in the attempts to analyze multi aspectual the legal regime of the inheritance and legal matrimonial regime under the international private law. In this context, the work is a complex scientific analysis of the inheritance relations with foreign element, from theoretical and practical points of view by using the law science knowledge and in force national and international legislation. Implementation of the scientific results consists in: The formulated recommendations may be used for improvement the university curriculum of law faculties, for teaching international private law, for training the specialists in this area as well as for development of university courses and handbooks of international private law and for improvement the legislation in this area