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CNAA / Theses / 2006 / June /

Constitutional assurance of right of property: compared elements

Author: Carolina Cuşmir
Degree:doctor of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Scientific adviser: Andrei Smochină
doctor habilitat, professor, Institute of History of the ASM


The thesis was presented on the 23 June, 2006
Approved by NCAA on the 28 September, 2006


Adobe PDF document0.53 Mb / in romanian


CZU 342 (043.2)

Adobe PDF document 0.95 Mb / in romanian
153 pages


right of property, constitution, social system, economic system, economic factors, monopolized economy, public liberty, public authority, object of right of property, private property, public property, public domain, private domain, european standards, European Court of Human Rights, the principle of proportionality


Thesis presented for obtaining degree of doctor in law, speciality 12.00.02 - Public law (constitutional); the organization and functioning of the institutions of law, Chişinău, 2006, manuscript.

The present scientific research constitutes an analysis of a regulation mode and fulfillment of constitutional assurance of right of property in Moldova Republic. It is a study of the grade of conformation of national legislation to the international one; it is an analysis of opinions and studies which refer to the broached topic carried out by scientists from different states.

The given work is outlined to be one of the first autochthon works which, profoundly studies the problem of assurance of constitutional right of property through prism, of juridical-compared analysis of modern constitutions, of european legislation and of national one. A complex approach was untertaken in the work as regards the concept of right of property as an institution of constitutional law; some new aspects of essence and contents of constitutional right of property were elucidated. The studi of assurance of the right of property in the aspect of constitutional law is imposed by need of its development, by the existing gaps in legislation as well as the inadequate grade of approach to the subject in literature on speciality.

Analyzing the phenomenon under discussion it was pointed out that the right of property is the prime source of the branched system of rights and obligations consecrated in the modern society and the most important economic category, and in dependency of its interpretation the society creates the system of production relations, at the same time, the right of property is the element of the juridical system which in the most upper grade is under the influence of the burden of the erroneous political opinions which distort the economic, social and juridical nature of these categories. The change of the form of dominant property in society has always led to change of constitutional regime because the relations of property are determined in any system by social relations.

In the present research recommendations are proposed regarding the amelioration of the situation in constitutional assurance of the right of property at national scale and proposals of lege ferenda relative to improvement and modification of national legislation in the Moldova Republic and adjustment de facto of it to international standards.