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The current legal framework for distance selling


Author: Calmîc Vlada
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: Gheorghe Chibac
doctor, professor, Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 9 July, 2020 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.81 Mb / in romanian

Thesis

CZU 347.451 (043.3)

Adobe PDF document 4.10 Mb / in romanian
197 pages


Keywords

distance selling, distance contract, distance sale contract, distance means of communication, consumer, professional, revocation, right to information.

Summary

Structure of the thesis: Introduction, 4 chapters, conclusions and recommendations, bibliography from 272 titles, 155 basic text pages. The results are published in 11 scientific papers.

Purpose and objectives of the thesis: determining the place and essence of the distance selling and the distance selling contract in the light of national and european legislation, doctrine and jurisprudence, with a view to identifying effective instruments for protecting the rights of participants in distance relations. The main objectives are to establish the legal nature of the distance selling institution and the distance selling contract, highlighting the specific features and essential elements of this institutions, establishing the specific contractual rights and obligations.

Scientific novelty and originality: manifests through the multidimensional research of the phenomenon of distance selling and the distance selling contract with the generation of effective solutions to ensure personal and monetary security of consumers at the pre-contractual stage, as well as at the stage of concluding, executing and terminating the distance selling contract.

The solved scientific problem: consists in conceptualizing the phenomenon of distance selling, demonstrating the special and original status of the distance selling contract as well, and arguing the role and place of the institutions concerned in the civil law branch.

The theoretical significance and the applicative value: of the work are the fact that in the study is attempted a multi-aspect treatment of the legal regulations of the institution of distance sales with highlighting the interferences with other civil law institutions. Theoretical importance consists in the complex and in-depth analysis of the nature, the inseparable characteristics and the essential elements of the distance sales institution, as well as the distance selling contract. The results obtained may serve as a starting point for further research on this issue and will contribute to the development of both indoor and outdoor trade.

Implementation of scientific results: The conclusions and proposals formulated by the author, presented to the Ministry of Justice and the Agency for Consumer Protection and Market Surveillance, can be useful in the process of improving legislation, solving practical problems encountered by legal professionals and consumers, including in teaching in institutions education.