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The institution of material responsibility in the system of property right.


Author: Giurcău Adrian
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2012
Scientific adviser: Dumitru Baltaga
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 20 December, 2011
Approved by NCAA on the 16 February, 2012

Abstract

Adobe PDF document – 0.31 Mb / in romanian

Keywords

material responsibility, patrimonial responsibility, juridical one, right of property, the patrimonial institution, way of defense repairing function, prejudice

Summary

The thesis structure: the work contains introduction, as a study initiation, four chapters fallowed by the synthesis of the received results, conclusion and references, bibliography from 248 names, 176 basis text pages. The received results are published in 10 scientific works.

Study domain. In this thesis the research has been brought in the direction of analysis the phenomenon of material connection whit the patrimonial and the property right of the law subjects and also the argumentation of their study necessity. Are presented arguments related to the necessity of using the collocation of material responsibility within the juridical responsibility of multiple law fields.

The purpose and the work objective. Within the theoretical analysis of property law, of the patrimonial and material responsibility are established the place and the importance of material responsibility in the system of mechanism of the property right. It is made a comparative analysis of defense ways of property law and of the supervene conditions and realization of material responsibility in many law fields regarding the realization of reparatory function of juridical responsibility.

The news and the originality stay in the fact that the thesis is one of the first research, and not just an internal plan , so as an international one, that approaches the theoretical and practical problems regarding the impact of material responsibility institution on the law institution of property, as well as the manifestation of material responsibility in the system of property right.

The scientific signification problem solved consist in determination of the problem recarding the impact of material responsibility institution on the kaw institution of property.

The applied value of work. The applied value of work is that principles and conclusions based on it, develop and largely incarnate some compartments from law theory.

The scientific results implementation. The news , the conclusions contained in this work may be used in scientific studies to research the phenomena “material responsibility” and “defense of property rights” . The work can be used as a didactic support at the law schools, as well as in practice of those who are entitled by law to decide legal accountability.