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Civil tort liability for unfair competition


Author: Castraveț Diana
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:2019
Scientific adviser: Dorian Chiroşca
doctor, associate professor (docent)
Institution:

Status

The thesis was presented on the 31 October, 2019 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.80 Mb / in romanian

Thesis

CZU 347.5:339.137.27 (043.3)

Adobe PDF document 6.33 Mb / in romanian
197 pages


Keywords

commercial competition, unfair competition; civil tort liability; unfair acts; discretization; peculation of clients; instigation to termination of contract; procurance and/or use of commercial secret; confusion; action in unfair competition; damage

Summary

The Dissertation contains: introduction, four chapters, general conclusions and recommendations, bibliography of 206 titles, 158 pages of basic text, 7 anexes. The achieved results are published in 10 scientific papers.

The purpose of the thesis: is to carry out a scientific investigation in order to substantiate, identify and analyze the general conditions and the particularities of the tort law civil liability in the field of unfair competition in the light of the legislation of the Republic of Moldova.

Objectives of study: analysis and definition of the concept of commercial competition and unfair competition, presented both in theoretical and normative aspects, in order to elucidate the terminology; identification and characterization of the types of acts of unfair competition regulated by Republic of Moldova legislation; determination and analysis of the conditions of civil tort liability for unfair competition; concretisation and argumentation of the peculiarities of civil tort liability for acts of unfair competition; identification and examination of the peculiarities of the action in unfair competition; the reasoned proposal of the legal remedies for the improvement of the content of the legal regulations regarding the institution of tort law civil liability for the acts of unfair competition.

Novelty and scientific originality: consists in carrying out a thorough study of the peculiarities of tort civil liability and its conditions in the field of unfair competition in scientific and practical aspects, based on the norms of civil law and competition law.

The result that contributes to solving an important scientific problem: lies in the elaboration of the instrument for identification of the peculiarities and conditions of the civil tort liability for the acts of unfair competition based on the normative framework of the Republic of Moldova, which led to clarification for the theoreticians and practitioners in the field of civil law of the distinctive aspects, for the correct and uniform application of the regulations in this field.

Theoretical significance derives from the importance of the researched subject. The results of the scientific investigation are beneficial to the continuity of the subsequent research done by the theorists on the institution of civil liability for acts of unfair competition. The content of the paper can serve as a theoretical guide for training and didactic support within the disciplines: civil law and competition law.

Applicative value of the paper: is conditioned by the practical applicability of the performed study, the realized recommendations and the proposals of lege ferenda made. The implementation of the scientific results: it finds materialization in the training process of education institution in the juridical field, the improvement of the education programs, the training of the legal system staff and practitioners from the field. The formulated conclusions may facilitate the activity of interpretation and application of the legislation related to the civil tort liability for unfair competition.