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CNAA / Theses / 2010 / July /

Representation and intermediation – the fundamental institutions in private law


Author: Mîţu Gheorghe
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: Sergiu Băieşu
doctor, professor, 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 8 July, 2010
Approved by NCAA on the 6 October, 2010

Abstract

Adobe PDF document0.37 Mb / in romanian

Keywords

representation, intermediation, administrator, natural person, legal entity, mandate, commission, forwarding agent, agency, trust management, broker, agent

Summary

Structurally, the paper consists of the introduction, four chapters, conclusions and the bibliography with 332 references, 181 pages of basic text. The obtained results were published in 11 scientific works.

The studying field of the present work consists in analyzing the essence of the legal regulations of the social relationships regarding representation and intermediation in private law in terms of their scope of applicability. The main objectives for acquiring this aim, were to analyze the appearance and the evolution of these relationships and their regulations, the definition of concepts under study and identification of its place in system of legal protection in order to demonstrate that these institutions are fundamental in private law.

The scientific novelty, as well as originality of this work consists in trying to elaborate theoretical and practical conclusions, and to present certain proposals of lege ferenda that would logically result from the investigation applied in the work, contributing in this way to the enriching of the doctrine, the perfection of the legislation, making it more compatible and logically linked with the existing national and international regulations. Research methodology of the thesis consists in using of the historical analysis, logical, comparative, systemic, dynamic, synthetic methods.

The theoretical importance and the applicative value of the work reside in the fact that it tries to treat multi-aspectualy the legal regulations of the social relationships regarding the institutions of representation and intermediation. In this context, in the work, it is made a complex scientific analysis of the representation and intermediation instututions in terms of their scope of applicability both, from the theorethical and practical point of view. In the work are used concepts, theses, recommendations are suggested in light of current economic and social realities. The paper can be used as a teaching support for the students, masters or researchers of the law faculties, for other specialists, etc. The obtained results have been implemented successfully in university curricula and to develop manuals for civil law.