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Features of retention as a way of maintenance of execution of obligations


Author: Natalia Cristeva
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:2011
Scientific adviser: Eugenia Cojocari
doctor habilitat, professor, Moldova State University
Institution: Institute of History of the ASM

Status

The thesis was presented on the 29 January, 2011
Approved by NCAA on the 12 May, 2011

Abstract

Adobe PDF document – 0.39 Mb / in romanian

Keywords

the right of retention, method of providing of execution, obligation, contractual relations, unilateral contract, affecting will of contractor, article of retention, thing, property, possession, retentor, creditor, debtor

Summary

The structure of this thesis consists of introduction, four chapters, conclusion and bibliography. The results of this thesis were published in 7 scientific articles.

An area of study of this thesis is an analysis of legal norms, regulative public relations in the field of the legal adjusting of retention as a way of execution of obligations.

The primary purposes of this thesis are analysis of the systems of theoretical and practical problems of retention, ways of their permission, exposure of features of application of institute in the separate types of obligations, and also development on the basis of such analysis of own theoretical conclusions and suggestions on further perfection the norms of retention. Methodological basis of thesis was made: dialectical method of scientific cognition, historical, comparatively-legal, formally-logical, system research methods.

The scientific novelty of dissertation consists in that this work is one of the first complex monographic researches of institute of retention in the Civil law of Moldova. This thesis gives determination of retention, the circle of subjects and objects of right of retention, analyses correlation of institute of retention with other legal institutes. This thesis offers the scientific and practical ground of necessity to change the positions of the Civil code, touching the right of retention for perfection this application in practice.

Theoretical and practical meaningfulness of this thesis consists of that this work contains history of origin and development of institute of retention, gives the scientific analysis of his modern state. Conclusions and suggestions can be used in the advanced research study, legislative activity on further perfection of civil legislation.

Actuality of theme of this thesis consists of that retention is the most unstudied method, both in the theory of civil law and in a legislation, therefore application of retention in practice relates to the problems which settling by means of existent norms of the Civil code of republic of Moldova is frequently impossible.