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The Guilt - the inherent condition of the legal liability


Author: Ursu Viorica
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2018
Scientific adviser: Dumitru Baltag
doctor habilitat, professor, Free International University of Moldova
Institution: Free International University of Moldova

Status

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

Abstract

Adobe PDF document0.67 Mb / in romanian

Thesis

CZU 343.13 (043.3)

Adobe PDF document 1.67 Mb / in romanian
189 pages


Keywords

guilt, intention, fault, imprudence, negligence, mistake, offence, misdemeanor, the subjective side, legal liability

Summary

The thesis’s structure is the following: introduction, three chapters, general conclusions and recommendations, bibliography consisting of 372 titles, appendixes, and 169 pages of basic text. The results have been published in 12 scientific works. The total volume of publications on this topic is about 3,67 author sheets.

The number of publications on the thesis’ topic: The results have been published in 12 scientific works.

The field of study: The general theory of law. The purpose and the objectives of this thesis represent the theoretical concept of the guilt from the perspectives of the general theory of law, identifying the place and the role of guilt in the subjective condition system of the legal liability. In order to achieve this goal, the following objectives were formulated: making a scientific analysis of the concept of guilt, the need for re-evaluation of the place and the role of guilt in the subjective condition system of the legal liability; the historical research about the conditions of the legal liability with a special concern over the guilt, as an essential condition of the legal liability; the comparative analysis of the guilt as a philosophical, religious, psychological and legal concept; the theoretical justification of the concept of guilt, the disclosure of the contents and the legal forms of this category; the research of the guilt in the comparable way for various branches of law, with the determination of the characteristic traits; the clarification on the concept of guilt on the basis of the legal regulations and taking into consideration the juridical practice.

The scientific novelty and originality. This research resulted in a complex work that has elucidated the issues of guilt as a condition of the legal liability that has raised in front of the law theorists and practitioners the true sources of interpretations, doctrinal disputes and irregular legal solutions. The work contains not only a summary of the most of the opinions and arguments of specialty literature and practical solutions, but it also expresses their own points of view and arguments in most of the analyzed aspects which are directed towards ensuring the effectiveness of the application of the legal liability, as well as contributing to filling in the doctrinal gaps with some topics and solutions with the analytical nature in terms of guilt, as the condition of the legal liability.

The scientific solved problem consists in developing instruments for identifying and supporting the scientific category of the guilt in terms of The general theory of law, that led to the determination of the guilt‘s place and role in the subjective conditions of the legal liability, the guilt reconsideration, as a condition of the legal liability is argued, because all the infringements regardless of their nature and form of liability that they generate, can exercise responsibility only to the extent in which their author has a certain subjective position towards the negative consequences produced by them.

The theoretical significanceis derived from the results of this scientific approach, the synthesis and analyses performed during the course of the investigations, as well as the conclusions and recommendations, brought by the author at the end of the paper. All these will help to amplify and deepen the theoretical knowledge concerning the legal liability, the correlation between these conditions, the importance of the debate on this topic, determining not only the changes of paradigms, but also the legislative solutions.

The applied value of the thesis. The scientific ideas and conclusions contained in the contents of the thesis will be used in the doctrinal – theoretical way, as the initial material for a subsequent approach to the problem of the legal guilt concept; in the normative and legislative ways, legislative inaction, in the process of reforming the laws governing the objective and subjective conditions of the legal liability. It is true that in establishing the guilt, some authors have presented it as specific to criminal law, but it justifies the opinion, that every form of liability involves a person's subjective attitude towards the consequences of breaching the rule of law; in the university teaching process on the topic “The theory of legal liability and responsibility".

The implementation of the scientific results. The basic concepts and conclusions of the thesis were presented in several international and national conferences, published in various specialty magazines, the fact that has contributed to the enrichment of national theoretical framework regarding the guilt as the condition of the legal liability. The obtained results will be used in teaching the course of The general theory of law and The theory of legal liability and responsibility at ULIM.