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Improving the regulatory framework for entrepreneurial activity in passenger transport by road


Author: Mihalache Iurie
Degree:doctor habilitat 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:2019
Scientific adviser: Eugenia Cojocari
doctor habilitat, professor, Moldova State University
Institution: University of European Political and Economic Studies "Constantin Stere"

Status

The thesis was presented on the 13 October, 2018
Approved by NCAA on the 15 March, 2019

Abstract

Adobe PDF document – 0.45 Mb / in romanian

Thesis

CZU 347.763 (043.2)

Adobe PDF document 11.68 Mb / in romanian
286 pages

Keywords

trade activity, legal regime, road passenger transport, contract road haulage, road transport operator, licensing, authorization, ticket, compulsory insurance of civil liability, bus, baggage, injury, liability

Summary

Field of study. A comprehensive work based on business law, transport law and civil law.

Thesis structure: introduction, 5 chapters, conclusions and recommendations, bibliography from 461 sources, 11 annexes, 212 pages of main text.

The purpose of research. The purpose of work is to address complex and multidimensional organization of business activity in the sphere of passenger transport in the light of the national legislation, international doctrinal opinions and jurisprudence in the field. Research subject of the thesis is focused on scientific analysis of the law of the road passenger transport, as well as revealing its significance in the field of business relations.

Applied scientific problem solving. Besides theoretical and scientific dimension of the problems in the sphere of passenger transport carriers are facing real difficulties related to the adoption of measures in the domestic legal order to avoid any disputes in business relationships. The solutions proposed in the paper value applied aimed at improving the business climate in the sphere of passenger transport by optimizing the legislation and amendment under the National Action Plan on the implementation of the Association Agreement Moldova – European Union.

The results of principle new to science and practice are to develop new items that require complex approach to the law applicable to business relationships of passenger transportation. For the first time in local legal doctrine are analyzed: the creation; licensing and authorization of road transport operators; ticket; luggage; legal regime of insurance; legal relations of bus stations, road transport operators and passengers; contravention of fiscal responsibility and road transport operators; road through occasional services.

The scientific novelty and originality. The work is one of the first attempts complex scientific analysis of passenger transport organization and establish its legal regime in the area of domestic doctrine. The research învederează novelty grace that distinguishes deficiencies national legal framework, addressing a comparative law and doctrine other states creates opportunities for efficient implementation of legislative practices. The paper reveals fundamentally new results for science that determine the creation of a new direction – the legal institution of commercial activity in the sphere of passenger transport.

The theoretical significance. The results and conclusions, reflecting released theoretical solutions, serve as a platform for improving legislation. The work may be of interest to and postgraduate students specializing in business law and transportation law. The research contributes to solving a major problem for the juridical science generally and for the transport and business law, as a branch of civil law in particular, namely: the essence of the legal regime of transport is revealed, by quality requirements for the modality of organisation and functioning of the contemporary transport legislation in the conditions of a state of law.

Practical value. As a result, where revealed practical proposals, that may decisively influence the existence, the maintenance and the vitality of the consolidation of transport legislation, the assertion of a contemporary juridic regime – phenomenon justified thanks to normative changes during the process of the national justice reform. Based on research conducted, it was found defficiencies and omissions of theoretical legal order and the lack of works devoted to the researched subject. To remedy these shortcomings, conclusions and recommendations were made to improve the quality of the regulatory framework in the sphere of passenger transport.

Approval of scientific results. The research results, conclusions and recommendations finalized during the survey were expressed in the methodical recommendation, in the texts of scientific articles, discussed and evaluated at conferences of national and international profile.