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The identification attributes of the natural person and the role of the civil registry offices in the domain


Author: Ţaranu Ludmila
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:2017
Scientific adviser: Valentina Cebotari
doctor, associate professor (docent), Moldova State University
Institution:

Status

The thesis was presented on the 22 December, 2016
Approved by NCAA on the 16 February, 2017

Abstract

Adobe PDF document – 0.72 Mb / in romanian

Keywords

natural person, identification attributes, civil registry offices, surname, given name, domicile, child’s rights, adoption, subject of law, legal capacity.

Summary

Field of study: family law.

The goal and objectives of the thesis have been realized by a research of the essence of the institution of individual’s identification attributes, focusing on identification of an individual by surname, domicile, civil status, by their entering in the civil status acts by civil registry offices. Having analyzed the provisions of effective legislation and doctrinal concepts, we have proposed to supplement the specialized legal literature with a research, which reflects the method of organization of civil status institutions, the procedure of registration of civil status acts and the peculiarities of fulfilling the functions in the civil status matter by the civil registry offices. As a result of researches performed and in the context of the above subjects, we have made a proposal concerning the introduction of the „civil status“ notion in the language of law and the utility of maintaining the offices which ensure the state registration of civil status acts in effective regulations.

The scientific novelty and originality of this work consists in the fact that it represents a detailed research of the activity of civil registry offices in determination of the legal nature and legal features of individual’s identification attributes. The performed study confers a special importance on this institution being treated under different aspects: both as attributes (features) and as records (civil status acts) of natural person’s individualization. The innovative element is expressed by the study of the current tendencies in the activity of the civil status bodies, accompanied by the approach of some cases which reflect the problems detected in the process of state registration of the acts of civil status and their solving ways.

The scientific problem solved consists in determination of peculiarities referring to the process of legal regulation of individual’s identification attributes by the civil registry offices in the activity of their state registration, by scientific justification of legal nature, which results in determination of place and role of civil status acts in the matter of private law in the Republic of Moldova. In this context, we have demonstrated the necessity of a study by theoreticians and practicians in the sphere of family law of the conjuncture in which they have a task of fixing these legal acts and deeds, which create, modify and extinguish the civil status of an individual in legal conditions. Upon creation of a theoretical basis with proposals de lege ferenda, it is reasonable to improve and supplement the legislative framework facilitating wide application of recommendations contained in this work.

The theoretical significance, applied value o f this work consists in the study of the procedure of registration of civil status acts, which are the main pillars of natural person’s individualization as well as study of concepts of civil status which have been given no special treatment in the specialized literature while the conclusions and proposals de lege ferenda may be efficient in improving the relevant laws.

Implementation of scientific results. The conclusions, recommendations and proposals made in this work may be used for amending the effective laws of the Republic of Moldova, for replenishing the national literature in this sphere, for using in the teaching activity in educational institutions and for developing the science in the sphere of individual’s identification and civil registry offices.