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CNAA / Theses / 2020 / June /

Unnamed contracts is a consequence of the implementation of the principle of freedom of contract in civil matters


Author: Tatar Olga
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:2020
Scientific adviser: Iurie Mihalache
doctor habilitat, associate professor (docent)
Institution:

Status

The thesis was presented on the 26 June, 2020
Approved by NCAA on the 30 October, 2020

Abstract

Adobe PDF document – 0.95 Mb / in romanian
Adobe PDF document – 0.92 Mb / in russian
Adobe PDF document – 0.65 Mb / in english

Thesis

CZU 347.440.64(043.3)

Adobe PDF document 16.00 Mb / in russian
248 pages

Keywords

unnamed contracts, principle of freedom of contract, named contracts, mixed contracts, a contract for the production of advertising, advertising contract, sponsorship contracts, charity, patronage, sportsmen’s transfer contract, a contract for hiring a vehicle with a crew, a contract for contracting, a consortium contract, transfer contract „know-how”.

Summary

The structure of the thesis consists of: annotations (in three languages), list of abbre-viations, introduction, 3 chapters, general conclusions and recommendations, bibliography of 262 titles and 9 applications, 140 pages of the main text, declaration of responsibility, author CV. The results are published in 24 scientific papers.

The purpose of the thesis: presented in the form of an in-depth and comprehensive analysis and study of certain types of unnamed contracts that arose through the principle of freedom of contract.

Research objectives: to synthesize scientific work in the field of unnamed contracts; analyze the principle of freedom of contract as a factor contributing to the emergence of un-named contracts; explore the legal regulation of unnamed contracts; balance unnamed contracts with mixed and complex contracts; to conduct a comparative legal analysis of the legal regulation of unnamed contracts in the Republic of Moldova with contracts of foreign countries; to develop conclusions, proposals, recommendations for improving the legislation of the Republic of Moldova, in order to eliminate gaps in the regulation of certain types of unnamed contracts most used in practice.

Scientific novelty and originality of the research results: consists in conducting a thorough and in-depth analysis of the specifics of the concepts of origin, regulating individual, independent types of unnamed contracts both from a scientific and from a practical point of view.

The result that contributes to the solution of an important scientific problem: consists in developing the distinctive features of unnamed contracts from other types of civil law contracts, with the subsequent establishment of their legal regulation, with a view to their proper practical application in various legal situations.

The theoretical significance comes from the need and importance of the investigated unnamed contracts. The results obtained in the course of scientific research will serve as a follow-up study conducted by theorists in this field.

The value of the application the work lies in the practical applicability of the presented study, as well as the proposals and recommendations for the modernization of the legislative framework.

The introduction of scientific results of this work were presented and reflected in the materials of conferences, in published scientific articles. Also, they can be presented in the form of recommendations for improving the legislation of the Republic of Moldova and serve as the main basis for the discipline „Civil Law”.