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Legal regulation of promissory note through the prism of the legislation of the Republic of Moldova and the European Union


Author: Novac-Diaconu Laurențiu
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:2021
Scientific adviser: Leonid Chirtoacă
doctor, associate professor (docent)
Institution: Moldova State University

Status

The thesis was presented on the 11 June, 2021 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.48 Mb / in romanian
Adobe PDF document0.69 Mb / in english

Thesis

CZU 347.746(478+4)(043.3)

Adobe PDF document 1.33 Mb / in romanian
174 pages


Keywords

promissory note, solo bill, bill of exchange (draft), drawer, name of payment, obligations for promissory note, bill payment, bill acceptance, protested bill, endorsement (giraud), aval

Summary

Thesis structure: The thesis consists of an annotation in Romanian, English and Russian, an introduction, 4 chapters, general conclusions and recommendations, a bibliography consisting of 246 sources, 2 annexes and 143 pages of the main text. Scientific results were published in 14 scientific articles.

Research field: The dissertation conducts a comprehensive study in the field of civil law, focused on the legal regulation of promissory notes in the legislation of the Republic of Moldova and the European Union.

The scope of the PhD thesis is to research a promissory note, to identify and analyze the general provisions of a promissory note and its features through the prism of civil legislation of the Republic of Moldova and a number of European Union states, especially in relation to Romania, as well as to identify existing shortcomings and develop recommendations for improving the legal framework.

Research objectives are: determination of the prerequisites for the emergence and analysis of the evolution of the promissory note as a means of payment; identification of the features of the drawer; analysis and definition of a promissory note as a credit settlement instrument; analysis of the legislation on promissory note in the civil law system of the Republic of Moldova and its relationship with international law and some states of the European Union; analysis and identification of structural features, legal nature and functions of a promissory note; determination and study of the validity of all conditions and methods of transfer and acceptance of a promissory note, as well as its legal consequences; analysis of the legal consequences of failure to fulfill obligations under a promissory note of exchange and methods of using promissory note rights; formulation of recommendations and proposals for improving the current regulatory framework.

Scientific novelty and originality lies in the fact that for the first time a systematic, comprehensive study of the institution of a promissory note as a credit and settlement instrument in the light of comparative law, in particular based on the legislation of the Republic of Moldova, has been carried out. This study sheds light on the theoretical and practical foundations of the research undertaken earlier and is a contribution to the improvement of the regulatory framework and judicial practice in this area.

The results obtained in the course of the study, which contribute to the solution of an important scientific problem consist in identifying the features and conditions of the validity of a promissory note through the prism of the legislation of the Republic of Moldova, as a result of which the shortcomings of issuance, transfer, acceptance and payment of a promissory note, as well as the legal consequences in case of default for the purpose of uniform application of legal norms in this area.

Theoretical significance of the study: being the first study of this scale in the Republic of Moldova, dedicated to the promissory note as a credit and settlement instrument, will contribute to the further development of this issue and the development of new solutions aimed at improving the regulatory framework and practice in this area. The content of the study can serve as a theoretical guide for improving the qualifications of specialists in this field and a didactic manual for the disciplines: civil law, banking law and the general theory of obligations.

The practical significance of the study is confirmed by scientific articles published in specialized journals and is resulted from the applicability of the research and the developed proposals de lege ferenda. Implementation of scientific results finds its embodiment in the learning process in educational institutions for legal and economic specialties, in improving educational programs, training of personnel of the legal and banking system and practicing specialists in this field. The drawn conclusions can facilitate the interpretation and application of securities law in general and securities lending in particular.