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Legal means of protection of rights in the bank credit agreement

Author: Marian Nicolae
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 adviser: Gheorghe Chibac
doctor, professor, Moldova State University
Institution: Moldova State University


The thesis was presented on the 28 September, 2018
Approved by NCAA on the 23 November, 2018


Adobe PDF document0.65 Mb / in romanian


CZU 47.73/.74 (043.3)

Adobe PDF document 3.50 Mb / in romanian
212 pages


banking credit, creditor, debtor, the protection of rights, efficacy.


“Legal means of protection of rights in the bank credit agreement”, Thesis for the degree of Doctor of Law, Chisinau, 2017 The paper’s structure: introduction, four chapters, general conclusions and recommendations, bibliography with 198 titles, 6 annexes, 171 pages of text. The results obtained are published in 12 scientific works. Key words: banking credit, creditor, debtor, the protection of rights, efficacy. Field of study: The paper refers to the civil contract law. The Goal of the paper is to research the efficacy of the legal means of protection the banking credit agreement and their justification as fundamental premises of the constructive course of the bank crediting relationships, directed toward setting up a pillar for the developing of the banking business on the one hand and a protection shield against the abuse of the bank towards the borrowers on the other hand. The objectives: researching the rights of defense and its extension on bank lending relationships; researching the legal nature of the bank credit agreement and its delimitation from the group of banking agreements to similar feature; the analysis of the bank credit as economic entity and legal entity; researching of the legal means to protect the bank and the borrower rights and identifying the constraints to the realization of these rights; assessing of the existing effectiveness of legal means of protection of rights; proposals de lege ferenda. Scientific novelty and originality. It is the first elaborate scientific research to support the amplification of the concept of rights protection in the bank credit agreement. The solved scientific problem consists in the developing of the conceptual framework of the legal means of protection of rights in the RM banking credit agreement, which has helped to prevent the established violations, allowing the economic valorization of the security interests of contracting parts and the accelerating the realization of the rights belonging to them. The theoretical and practical value of the thesis is to elucidate an innovative response for the scientific fund that will serve as an additional prerequisite for the continuity of the development of science. The applied value of the work is to adjust the settling practices fast, cheaply and accurately the disputes between the participants of the bank credit contract. The implementation of scientific results can be found in proposals on improving of the legal framework for the protection of rights out of the bank credit agreement, in recommendations to standardize judicial practices, as well asin correcting the bank attitude in relationship to the client.