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CNAA / Theses / 2015 / June /

Outlining the legal nature of Household electricity supply contract


Author: Bordian Mariana
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:2015
Scientific adviser: Victor (decedat) Volcinschi
doctor, professor, Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 25 June, 2015
Approved by NCAA on the 7 October, 2015

Abstract

Adobe PDF document – 0.43 Mb / in romanian

Thesis

CZU 347.45/.47 (043.3)

Adobe PDF document 1.35 Mb / in romanian
190 pages

Keywords

electricity adhesion contract, unfair/negotiated contract terms, disconnection/interruption of electricity, domestic consumer/supplier liability, domestic consumer/subconsumer protection.

Summary

The structure of the PhD paper: introduction, four chapters, conclusions, bibliography of 177 items, 167 pages of basic text. The results are published in 10 scientific papers.

Area of study. This work is a study of the civil legal nature of the contract for the supply of electricity households under Moldovan law, European Directives through the prism of civil law.

Purpose. Defining and determining the legal nature of the supply electricity contract to households.

The main objectives include 1. determine the specifics of the household electricity supply contract; 2. the wording of the definition of the studied contract; 3. the legal status theoretical and practical research of the consumer and the electricity sub-consumer household needs; 4. adjusting the rules upon the conclusion of the contract and the round effects; 5. establishing the ways to protect the domestic consumers; 6. detecting the discrepancies and loopholes in the signing, execution and termination of the contract; 7. developing recommendations for proper application and interpretation of legal norms and proposed lex ferenda regulations in the field of research.

Novelty and originality. Conceptualization and creation of the definition, determining the legal regime of electricity, the legal nature of the electricity suply contract for the household consumers, setting the legal status of the sub-consumer, liabillity research of the consumer, supplier, and submission of the proposals for lex ferenda by adjusting the rules.

The Scientific problem is resolved in shaping civil legal nature of the contract for electricity supply and the concretization of the household object and the civil and administrative action resulting from electricity supply household relationships.

Theoretical and applicative significance of this paper is manifested through multidimensional research on the contract regulations on electricity supply contract to households. At the confluence heuristic value, the work contains a comprehensive approach to theoretical legal foundations of jurisprudence, relating to electricity supply to households. The value of the work is to argue and emphasize the civil legal nature of the contract for the supply of electricity households, the recognition of the legal and material object of the contract for electricity supply households, determining of the legal status of the sub-consumer, highlighting the doctrinal and legislative gaps establising the causes, developing the theoretical embodiments argued and proposed by the lex ferenda regulations.

Implementation of the scientific results consists in the following.The results of the investigation were implemented in the scientific publications and their submitted as a recommendation to RM Consumer Protection Agency and the National Agency for Energy Regulation of Moldova to introduce changes in the special normative acts. Also they will can be exploited by the local legal scientific development of consumer contract law; by adjusting the existing legal framework; applying of theoretical approaches in resolving real disputes and the use in teaching. 7