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Principles of legal liability


Author: Mîrzac (Mititelu) Didina
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2011
Scientific adviser: Dumitru Baltag
doctor habilitat, professor, Free International University of Moldova
Institution: Free International University of Moldova
Scientific council: DH 15-12.00.01-25.12.03
Institute of History of the ASM

Status

The thesis was presented on the 18 December, 2010
Approved by NCAA on the 24 February, 2011

Abstract

Adobe PDF document0.29 Mb / in romanian

Keywords

principles of law, principles of legal liability, legal liability, principle of responsibility, legality, presumption of innocence, personal liability, justness of sanction, celerity of legal liability, genetic structure of principles, logic structure, function of principles of legal liability.

Summary

The paper’s structure comprises an: Introduction, four chapters, conclusions and recommendations, bibliography from 351 quotations 197 pages of text. The results obtained are published in 10 scientific works.

Field of study. Thesis is entirely devoted to legal liability principles, structure and functions, role and place of study in the construction of normative principles of liability law and their connection with the fundamental principles of law.

Thesis study fields and objectives. The doctoral thesis is entirely dedicated to the principles of legal liability, structure and functions thereof, study of the role and place of principles in the law normative construction of legal liability and connection thereof with the fundamental principles of law.

Scientific novelty and originality. It consists in delimiting the approach of the principles of legal liability from the point of view of doctrine, normative and practical analysis as factors with determining impact on establishing the legal liability according to the law. In the thesis, the principles of legal liability were approached as determinants of correctness of applying the norms, institution of legal liability, place and importance thereof in the system of principles applicable in law, theoretical aspects with respect to delimiting the principles of legal liability. Moreover, in the thesis the structural-functional approach of the methodology of theoretical research of principles of legal liability, the logic and genetic structure thereof, the notion and classification of principles of legal liability were materialized.

Applied value of work. Thesis, conclusions and recommendations on the substance, content, structure and function principles of liability, their linkages with fundamental principles of law, make the theoretical basis of this scientific concept, but also some practical steps in moving towards the state, especially a state as law.

Work’s theoretical significance and applicative value. The thesis, the conclusions and the recommendations regarding the essence, content, structure and functions of principles of legal liability, the connections thereof with the fundamental principles of law, supplement the theoretical basis of this scientific concept, but also lead to certain practical measures by the state, especially a state of law. To this purpose the results of the research and the theoretical conclusions formulated may be used in the process of legislation improvement, for the elaboration and amendment of legislative acts, because the deficiencies that occur upon settling the issues related to legal liability may not be exceeded without the theoretical conceptualization of its general principles. In addition, the results of the investigation may be used for improving the curricula at the university cycle I, licentiate and cycle II, master’s degree, for elaborating the courses and textbooks of general theory of law, methodology of law.