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Termination of obligation by set-off: normative, theoretical and practical approach


Author: Prisac Alexandru
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:2016
Scientific adviser: Victor (decedat) Volcinschi
doctor, professor, Moldova State University
Institution:

Status

The thesis was presented on the 12 February, 2016
Approved by NCAA on the 21 April, 2016

Abstract

Adobe PDF document – 0.37 Mb / in romanian

Thesis

CZU 347.43 (043.3)

Adobe PDF document 3.70 Mb / in romanian
185 pages

Keywords

termination of obligation, set-off, debt, extinctive effect

Summary

The Dissertation contains: introduction, 4 chapters, general conclusions and recommendations, bibliography of 229 titles, 3 annexes, 157 pages of main text. The obtained results are published in 15 scientific papers.

Field of study: The work reports to the field of Civil law, General theory of obligations.

The goal of PhD Thesis: consists in making a complex scientific research through set-off as a mode of termination of civil obligations in the light of the law of Republic of Moldova, doctrine and judicial review, in order to elucidate gaps and make theoretical and practical recommendations, including proposals for lege ferenda for improving the legal framework in this field.

The objectives of study: demonstration concept that set-off according to the Civil Code of RM is a distinctive mode of termination of civil obligations; to analyze set-off in different complex legal obligation relationship etc.

The scientific novelty and originality derives from the fact that the author has highlighted the overall operation aspects of the manner and set-off conditions of Moldovan legislation according to the German concept of extinguishing obligations by set-off, which makes removing the confusion in the local literature which use French concept. At the same time, a comparative analysis of national legislative provisions work was carried out with those in other countries, which helped identify normative elements beneficial to regulate compensation. It also lies in its conception exposed by the author referring to the distinct nature of set-off in relation to the performance of obligations. Set-off is being applied in various obligational legal relations, and originality of the work is a clear elucidation on the effective achievement made by the author regarding their extinction.

The important scientific problem is to identify the totality of particularities of set-off according to the Republic of Moldova legislation, which led to clarify the operating conditions of set-off, in order to correct and uniform application of the rules in this area.

The theoretical significance and the applicative value of the paper. This profound study on set-off constitutes a significant contribution to the national doctrinal found and a thorough landmark for researchers in the further development of science on the topic. In practical terms, elucidating important aspects of set-off facilitate courts in the correct and uniform application of the rules on termination of obligations by set-off.

The implementation of the scientific results. Proposals for lege ferenda, in particular, amending and supplementing the provisions on set-off in the Civil Code of the Republic of Moldova were submitted for consideration to the Ministry of Justice and Legal Committee for appointments and immunities of the Parliament of Republic of Moldova.