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The institution of alienation of goods subject to life-long maintenance: theoretical and practical aspects


Author: Tălămbuţă Angela
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 advisers: Eugenia Cojocari
doctor habilitat, professor, Moldova State University

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Institution:

Status

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

Abstract

Adobe PDF document – 0.47 Mb / in romanian

Thesis

CZU 347.232.8 (043.3)

Adobe PDF document 11.28 Mb / in romanian
207 pages

Keywords

the institution of alienation of goods subject to life-long maintenance, the civil legal act, effects of the contract, principles of good faith, beneficiary, acquirer.

Summary

Field of study: This paper presents a scientific study, theoretical and practical, on the determination of the concept, identifying the role and place of organization provided the transfer of property maintenance for life.

Goals and objectives of the thesis. The thesis aims to formulate the concept institution transfer of property provided maintenance for life to highlight difficulties in practice, as well as providing solutions in this regard to prevent various incidents that would affect the validity of disposal of goods or would impede law parties to acquire the assets disposed. Achieve your goal involves the following objectives: analysis of national legislation regulations to establish the aims of the institution addressed legal matters of alienation of goods provided maintenance for life; particularities research contract on the alienation of real life maintenance provided to determine the correct application of rules of substantive law concerning the conditions of form and substance of the contract for disposing of goods provided maintenance for life.

The scientific novelty and originality of the paper is one of the first attempts scientific analysis of large and complex institution alienation Property provided maintenance for life in the perimeter doctrine of domestic civil law formulate the concept institution transfer of property provided maintenance for life , which determined the nature, substance and content of the legal institution of civil law.

The important scientific problem addressed consists in determining and the scientific foundation of the institution of alienation of goods subject to life-long maintenance by systemic substantiation of the institution of disposal of goods provided maintenance for life individualization obscurities doctrinal and legal contained in national legislation governing the legal institution of alienation Property provided maintenance for life, filling voids doctrinal some topics and solutions analytical nature in matters of the institution addressed. The theoretical significance of the paper is to research complex, multi-aspect and interdisciplinary problems of disposal of goods provided maintenance for life, identifying interference with other actors in civil law, family law, civil procedure, etc.

The importance of the paper lies in the accumulation of vast material theoretical and practical to develop ways current and complex legal institution of disposal of goods provided maintenance for life in civil law, formulation and characterization of specific features of the institution of disposal of goods provided maintenance for life in civil law.

The applied value of the thesis consists the scientific novelty, timeliness and overall conclusions that was reached. The work aimed at social relations related institution provided the transfer of property maintenance for life, including the place and its role in contemporary legal system.

Implementation of scientific results: is reflected by the fact that the recommendations serve as a landmark in the development course of study contract law in developing textbooks for students and graduates, brochures and information material for the persons concerned to develop their skills of drawing up contracts of alienation of goods provided lifetime maintenance without gaps and inconvenience. Their value analytical ferenda law proposals were submitted to the Ministry of Justice of the Republic