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The legal regime of the notarial act in the legislation of the Republic of Moldova and Romania


Author: Schin George
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 document0.71 Mb / in romanian
Adobe PDF document0.89 Mb / in romanian

Thesis

CZU 347.961(478+498)(043.3)

Adobe PDF document 2.29 Mb / in romanian
233 pages


Keywords

legal act, notarial act, authentic act, document, notarial action, public notary, authentication, notarial procedure, certification, probative force, enforceability, proxy

Summary

The legal regime of the notarial act in the legislation of the Republic of Moldova and Romania”. PhD in law thesis. Specialty 553.01 - Civil law. Chisinau, 2021. Field of study. The paper bases a complex study in the field of civil law, focused on the legal regime of the notarial act in the legislation of the Republic of Moldova and Romania. Structure of the thesis: introduction, 4 chapters, general conclusions and recommendations, bibliography from 297 sources, 210 basic text pages. Key words: legal act, notarial act, authentic act, document, notarial action, public notary, authentication, notarial procedure, certification, probative force, enforceability, proxy. Purpose and objectives of the research. The purpose of the thesis consists in the complex approach of the legal regime of the notarial act in the legislation of the Republic of Moldova and Romania, in accordance with the provisions of the legislation in force, the doctrinal opinions and the judicial practice. In our research we focused on the notarial legal act that contributes to the realization of the person's rights and to the fluidization of the civil circuit, the form of the notarial act in the broad sense, the definition, the characteristic features of the notarial act, the delimitation of the notarial act with respect to other related legal acts, the structure of the act notary, the procedure of notarial documents, etc. The object of the research is focused on the scientific analysis from the point of view of the comparative law of the legislation in the field of civil law, on revealing its significance in the matter of the notarial act. Solving the applied scientific problem. Besides the theoretical and scientific dimension of the issues in the sphere of notarial acts, the participants in the civil legal relations face real difficulties with the adoption of the most appropriate measures. Thus, the applicative solutions proposed in the paper aim at improving the regulatory framework in the field of notarial legal acts. The main new results for science and practice consist in investigating through the comparative law of the notarial act as a species of the civil legal act, its conditions of validity, the research of the main notarial acts, the way of writing the notarial acts, the examination of the controversies regarding the legal nature of notarial acts, elaboration of conclusions and formulation of proposals for improvement of legislation in the field under investigation. The research reveals its innovative character because it distinguishes the deficiencies of the legal framework, compares comparatively the legislation and the doctrine of the Republic of Moldova and Romania, creates opportunities for implementation in the legal order of the performing legislative practices. The identification and configuration of the underlying circumstances helped to elucidate the main research direction and to propose solutions for the improvement of the legislation in the field. Theoretical significance. The realization of the theoretical study contributes to solving some major problems for the legal science in general but also for the civil law, in particular: identification of the most important aspects of the evolution of the legislation on notarial acts, outlining the legal nature of the notarial acts, research on the distinctive features of notarial acts, the analysis of the rules for the drawing up of notarial acts. The results and conclusions, which reflect the theoretical solutions, serve as a support for the improvement of the legislation. Application value. Based on the researches carried out, there were found some deficiencies and theoretical-normative omissions, as well as the lack of works dedicated to the researched theme. In order to overcome these shortcomings, conclusions and recommendations aimed at improving the quality of legislation in the field of notarial acts were formulated. As a result, practical recommendations have been revealed, the implementation of which can have a decisive influence on the existence and consolidation of normative acts in the field of notarial activity. Implementation of scientific results. The results of the research were presented in the proposals of lege ferenda and in the texts of the scientific publications, discussed and evaluated in national and international conferences.