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Executive Law as an interdisciplinary Institute: historical and theoretical problems


Author: Popescu (Madescu) Lionela
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2010
Scientific adviser: Andrei Smochină
doctor habilitat, professor, Institute of History of the ASM
Institution:
Scientific council:

Status

The thesis was presented on the 10 September, 2010
Approved by NCAA on the 4 November, 2010

Abstract

Adobe PDF document – 0.33 Mb / in romanian

Keywords

executive law, intersectional institution, enforcement, writ of execition, the right to performance, the executive process, bailiffs, court verdict, court order, civil process, justice, reasonable time, an independent judiciary, judicial reform.

Summary

Structure of the thesis: The thesis consists of the introduction, three chapters, conclusions and recommendations, the list of bibliography, consisting of 210 items, 143 pages of the basic text Dissertation substantive provisions are reflected in 12 scientific articles published in collections of articles and journals, reviewed in Romania and the Republic of Moldova. The total volume of publications on the subject makes 10, 00 printed sheets.

The goal and objectives of a dissertation: to analyze the scientific literature in the field of executive activity, and to examine the basic aspects of the executive law as interdisciplinary institute within the common law legal systems; and to identify new trends in this area, considering the evolutionary process of execution of court decisions, and not in the last instance the jurisprudence of the European Court of Justice in Strasbourg, emerging in the light of contemporary doctrinal and jurisdictional principles.

Scientific novelty and relevance of the research. Scientific novelty of dissertational research is to determine the validity of the importance of studying the phenomenon, defining the legal status of the state through the prism of historical development and evolution of the executive law as a legal authority, as well as a contribution on the basis of comprehensive research a problematics of executive activities and respect for rights.

The theoretical significance of the dissertation. Studying of the executive law as an interdisciplinary institute within the legal system facilitates the enrichment of knowledge about the nature and characteristics of the executive activity and its evolution, starting with the occurrence of the first laws on the performance and their respecting up to the implementation of judicial reform in the Romanian legal system of the Republic of Moldova on the issue of European integration.

The practical significance of the research. Scientific research has educational and research character and consists in the fact that its basic theoretical and practical positions and conclusions are aimed at changing the Code of Civil Procedure and the general provisions on enforcement. The results of research can be used in the practice of teaching a course on the Executive Law.

Scientific results of dissertational work. The results have been applied in the process of teaching the course “Law Enforcement” in the Free International University of Moldova and University “Spiru Haret” from Craiova.