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Guilt - condition for the application of civil liability

Author: Ivancova Tatiana
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)
Scientific advisers: Eugenia Cojocari
doctor habilitat, professor, Moldova State University



The thesis was presented on the 30 August, 2016
Approved by NCAA on the 6 October, 2016


Adobe PDF document0.83 Mb / in romanian


CZU 347.53(043.3)

Adobe PDF document 1.90 Mb / in romanian
189 pages


guilt in civil law, fraud, recklessness, negligence, damages, contractual guilt, guilt tort, fault, guilt, intent.


The purpose and objectivesof this thesis is the need to identify the relationship of guilt, condition for the application of civil liability: theoretical approaches and practical in terms of normative influence legislative decisions on the development of the legal system. Scientific novelty of the work lies in the contribution by this study complex comparative aspects of approximation in the pre-accession and post-accession to the EU, with regard to the harmonization of legislation of the Republic of Moldova as inseparable and indispensable elements of legal order their role in building the rule of law.

Scientific novelty is that we performed a systematic analysis of national and international law, the doctrine of the domestic and foreign judicial practice material legal relations in civil liability of guilt, identifying themselves every form of its peculiarities. Scientific problem solved is to identify all features aimed concept, specific characters, civil liability forms, which led to highlighting problems that confuses society, law enforcement application of the civil liability of guilt, and to make proposals ferenda law for improvement of national regulation in this area to international standards enforcement emplementărilor guilt, condition of civil liability. Theoretical proposed theoretical approaches that we undertook targeted by the system to form a unitary conception of law regarding guilt, based on the system of Community law. The research and analysis of two-dimensional subject: national, Community law, tried to make a clear distinction between these two phenomena, not only contradict, but complement, being a dependency report.

Value of the thesis is that, this paper is one of the first local scientific research with respect to guilt, condition of civil liability. Research was chosen general problems of civil law and civil Community law theoretically and practically, to reflect the relationship between theory and practice and the transition from theoretical data - in the scope of scientific practice. This paper is an attempt to submit a pertinent analysis guilt, condition for the application of civil liability: theoretical approaches and practical regulations, judicial civil procedure establishing guilt, the integration of Community law in the domestic civil origin of the Republic of Moldova with expectations methodological and analytical praxiologic, pragmatic, taking into account social determinism, to build a general theory of guilt condition of civil liability.

Implementation of scientific results were presented at several international and national conferences, published in various magazines, which contributed to the enrichment of national theoretic framework of guilt, condition of civil liability. The general conclusions and proposals for law ferenda can be used to perfecting the national regulatory framework, the development of explanatory decisions on how to interpret the civil law and the quality of teaching in educational institutions. The fact that was realized by proposals for law ferenda in the Ministry of Justice of Republic of Moldova for implementation of that kind of norms in our legislation.