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Application of the Principles of Sociology of Law in the Development of the Cadastral System in the Republic of Moldova


Author: Guţu Dumitru
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: Andrei Negru
doctor habilitat, associate professor (docent), Moldova State University
Institution: Institute of History, Academy of Sciences of Moldova
Scientific council: 1
Moldova State University

Status

The thesis was presented on the 10 February, 2012 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.31 Mb / in romanian

Thesis

CZU 340.12(478)(043.2)

Adobe PDF document 1.60 Mb / in romanian
203 pages


Keywords

Cadastre, Corruption, Cadastral Information, Information System, Legal Sociology, Privatization, Real Estate Appraisal, Real Estate Cadastre, Real Estate Market, and Sociology Survey

Summary

The thesis consists of an introduction, three chapters, conclusions and recommendations, a bibliography with 184 headings, 10 appendices, 169 pages of text, 11 charts and figures, and 24 tables.

Number of publications on the topic of the thesis. The research results were published in 42 scientific papers, five of which are monographs.

Research and thesis objectives. The thesis analyzes the application of socio - judicial principles in the development of the cadastral system in the Republic of Moldova, using theories of law and sociology for the purpose of a complex invesigation of the socio - judicial phenomena in the creation of real estate cadastre. The study undescores the importance of socio-judicial research in strengthening and protecting property rights and maintaining order in the cadastral system.

The scope of the thesis consists in the research of key issues regarding the history of real estate cadastre and the legal protection of property rights.

The novelty and scientific originality of the investigation lies within the study of socio-judicial phenomena, which determine the development of the cadastral system in the Republic of Moldova. The consolidation of sociological research and ongoing government decisions aids in the formation of a unique concept of identification, registration, and appraisal of real estate while also enriching the general judicial theory with new content categories. Solved scientific problem in using bases sociology summarizes legal and cadastral legislation perfecting developing recommendations on combating corruption in the cadastral system, and simplify the registration of real estate.

The theoretical significance and applied value of the research lies in the application of scientific methods and categories, as well as their enrichment with content following the research of complex social phenomena from legal and socio - judicial perspectives. Utilizing the categorical potential of legal sociology, the research identifies flaws in the execution and development of the cadastral system and provides solutions to the most stringent problems.

The value of the results lies in the application of new categories specific to legal sociology. Applying sociological data and advanced methods in the continuing development of the cadastral system in the Republic of Moldova fosters a favorable environment for the organization of an information system benefiting the population and imporving the efficiency of the fiscal system.

The study’s results were utilized by the Agency for Land Relations and Cadastre and served as empirical basis for the amendment of the legislation concerning real estate cadastre and the elaboration of the strategy for the development of the cadastral sysytem in the Republic of Moldova.