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Successional reserve role in protecting the legal heirs


Author: Perederco Vasilii
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:2018
Scientific adviser: Violeta Cojocaru
doctor habilitat, professor, Moldova State University
Institution: University of European Political and Economic Studies "Constantin Stere"

Status

The thesis was presented on the 8 September, 2017
Approved by NCAA on the 11 May, 2018

Abstract

Adobe PDF document – 0.50 Mb / in romanian

Thesis

CZU 347.65/.68(043.3)

Adobe PDF document 6.05 Mb / in romanian
168 pages

Keywords

legal succession, inheritance reserve, successor rezervatar, husband still alive reserved, reserved downward, upward reserved, legally enforceable mandatory

Summary

Thesis structure: introduction, four chapters, conclusions and recommendations, bibliography of 248 titles, 138 pages of main text, annexes.

Publications on the topic sentence: the results epublished in 14 scientific papers. Keywords: legal succession, inheritance reserve, successor rezervatar, husband still alive reserved, reserved downward, upward reserved, legally enforceable mandatory.

Field of study: specialty 553.01 - Private Law (Civil Law).

The purpose and objectives. The purpose of this study is to conduct an investigation into the complex issue of the role of reserve successional protection heirs by analyzing the legal rules governing the matter, tapping into this legal framework and approaches doctrinal field and in providing solutions and proposals regarding the improvement of legislation regulating inheritance reserves and its role in protecting the legal heirs. The main objectives of the paper are: defining successional reserve the context of the general question is this; research its specific characteristics, the analysis of aspects of comparative law in the legal regulation of inheritance reserve and its role in protecting the legal heirs; enunciating rules of law governing succession reserves and the correlation between the Liberals and the imperative of successional reserve; highlighting weaknesses and loopholes in the legal framework and formulating the reserve succession law ferenda proposals in order to improve and streamline the legislation concerned. Scientific novelty of the work is that it is one of the first attempts at broad and complex scientific analysis of the role of successional reserve heirs perimeter protection of domestic civil law doctrine.

The research învederează novelty including due to the fact it was made an analysis eminently comparative statutory reserve succession, which made it possible to highlight deficiencies national legal framework and creating opportunities for implementing legislative practices more efficient in the civil legislation of the Republic of Moldova.

The important scientific problem solved lies in the multidimensional research of the juridical regulations of the national and international succession reserve, as well as the elucidation of the notarial practice and the jurisprudence in the matter, which resulted in a scientific substantiation of the role of the succession reserve in the protection of the legal heirs And formulating the proposals for the law of the Republic, in order to improve the internal normative framework, the correct and efficient application of the legal framework, by the courts of the Republic of Moldova.

The significance of the paper is to research complex, multidimensional and interdisciplinary problem protection successional reserve heirs, identifying interference with other actors in civil law, family law, civil procedure, etc. The theoretical importance lies in the scientific concept successional reserve and principles governing this notion, the systematization and argumentation solutions offered by legal doctrine, which so far has not achieved the domestic science in civil law.

Value of the work lies in the interpretation clear and unequivocal rules related legal reserve succession and its role in protection of the heirs, which will contribute to the proper application of legislation by both participants in civil legal relations and the courts called to examine cases related rights succesoraleşi reserve its role in protecting heirs and determine the effects it will produce. We also believe that proposals ferenda law, issued following the investigations carried out, can be made the basis of draft amending legislation on legal succession and the reserve, which will increase the efficiency of the legal framework in general and the administration of justice in private.

Implementation of scientific results: The paper is a comprehensive study, with theoretical solutions based and practical proposals that could be useful from a teaching perspective in the teaching discipline Civil law, inheritance law,reserve succession in the law faculties, showing interest while for private legal practitioners.