StatusThe thesis was presented on the 28 May, 2021
Approved by NCAA on the 30 July, 2021
Abstract– 0.55 Mb / in romanian
– 0.47 Mb / in english
2.20 Mb /
Structure of the thesis: Introduction, four chapters, general conclusions and recommendations, bibliography of 373 titles, 172 basic text pages. The results obtained are published in 12 scientific papers, the total volume of the publications is around 5.94 c.а.
Field of study: The General Theory of Law.
Aim of the paper: consists in identifying and examining the content of theoretical construction of public and private law liability through the features and elements that generally characterize legal liability as well as highlighting the importance of this construct, the necessity of operating with this syntagm both at the level of general theory of law and branches of law.
Research objectives: elaboration and complex analysis of the concept of theoretical construction of legal liability in the general theory of law, reconceptualization of the concept of theoretical construction of legal liability both in the field of public and private law; identifying and characterizing the criteria that delineate the theoretical construction of public law liability and the theoretical construct of private law liability; establishing the impact of these criteria on the current tendency of intercalating branches of public law and of private law; identifying the similarities, differences and the cumulation of the public and private law liability; presenting and analyzing the elements and distinctive signs belonging to the theoretical construction of public law liability and private law liability.
The scientific novelty and originality is determined by the research gap related to this particular subject in the doctrine of general theory of law in the Republic of Moldova and by the necessity of addressing it through the prism of new research methods and perspectives, which would allow a new outlook on the phenomenon of legal liability. The current work represents a complex research of theoretical and applicative problems regarding the essence and the content of legal liability, reconceptualizing the theoretical constructions of public and private law liability. The above stated allows us to formulate the following elements of scientific novelty: the syntagm of "theoretical construction of legal liability"; to identify the constitutive elements of the theoretical construction of legal liability; to formulate the concept of theoretical construction of public law and of private law liability.
The results that contribute to an important scientific problem - solving reside in the formulation of a modern and timely concept, the theoretical construction of legal liability in the branches of public law and of private law, as a concept that verifies the authenticity and exactness of legal liability realization in different branches of law, fact which led to the elaboration and introduction in the vocabulary of general theory of law of the concept of theoretical construction of legal liability, in order to establish the elements, features, conditions of both blocks of analyzed legal liabilities, and to guide the practitioners who apply these forms of liability.
The theoretical significance. The paper elucidates various doctrinal approaches of different forms of legal liability. From theoretical perspective, we aim at ordering the elements of legal liability, namely those constituting the theoretical construction of legal liability so that it becomes possible to operate with the syntagmas introduced into the language circuit specific to the general theory of law. The applicative value of the research. The results and conclusions of this paper may be used by judges, lawyers and other participants in the process of realization of legal liability, contributing to the standardization of the legal practice. Also, the practical reflection of the concept of theoretical construction of public law and private law liability will certainly be a stimulus for other studies that will analyze in more detail certain aspects elucidated in the current paper.
The implementation of scientific results: The conclusions of the thesis, the elements of novelty and the
recommendations formulated are used in the study process when teaching the course of general theory of
law, on the topic „Legal liability”, in the branches of civil law, labor law, administrative law, criminal
law, fiscal law, etc.
Under consideration  :