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CNAA / Theses / 2021 / July /

The legal regime of the monetary obligations in civil law of the Republic of Moldova


Author: Palamarciuc Vladimir
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: Sergiu Băieşu
doctor, professor, Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 2 July, 2021
Approved by NCAA on the 22 December, 2021

Abstract

Adobe PDF document – 0.59 Mb / in romanian
Adobe PDF document – 0.52 Mb / in romanian

Thesis

CZU 347.41/.43(043.3)

Adobe PDF document 2.22 Mb / in romanian
227 pages

Keywords

money, monetary obligation, legal fiction, currency, foreign currency, performance of the obligation, method of performance, payment in cash, payment by transfer, place of performance of the obligation, period of performance of the obligation, nominalism, interest, insolvency

Summary

The legal regime of the monetary obligations in civil law of the Republic of Moldova”, requests granting of the dgeree of doctorate (PhD) in legal science. Chisinau, 2021 Strcuture of the thesis: is formed from introduction, four chapters, conclusions and recommemndations, bibliography from 252 titles and 198 pages of the main text. The obtained results are published in 3 scientific works. Key-words: money, monetary obligation, legal fiction, currency, foreign currency, performance of the obligation, method of performance, payment in cash, payment by transfer, place of performance of the obligation, period of performance of the obligation, nominalism, interest, insolvency. General scope of the thesis: to determine scientifically the systemic feature and particularities of the legal civil regime of the money and monetary obligations in the system of regulating the civil obligations. Main objectives of the research: identification of a civil law theory of the money and review of the legal system of monetary obligations and the effects generated by monetary obligations. Another objective of the research is to identify the knolwdges from legal science on the legal regime of money and monetary obligations and their analysis in the national normative context. Scientific novelty of the thesis: consists, first of all, in the field of the research selected, the money and monetary obligations in civil law, the subject that was not reviewed systemically at national level. The scientific novelty is suported by the foreign literature reviewed and integrated in the system of scientific knowledges of the Republic of Moldova. Scientific originality of the thesis: is demonstrated through a complex, inter and intradisciplinary analisys of the institution of money in view of the civil law, as well as through analisys of the monetary obligations. The legal research over money demonstrates that money is not a clasic institution for the legal science in general and for the civil law in particular. Therefore, the scientific originality of the research resides in scientific configuration of the legal regime of the civil monetary obligations, that constituted the object of the legal evolution and practice at national level in past decades and, notably, of the reform on ammending the Civil Code of the Republic of Moldova, entered into force on 1 March 2019. Resuts of the work: are formed from several dimmensions, theoretical and practical. At the theoretical level the thesis proposes a legal theory of money, the theory of legal fiction of money in private law, which is susceptible to offer new directions of research in civil law, as well as of the institutions associated with the phenomenon of money. The thesis facilitates configuration of the scientific knowledges about the system of civil monetary obligations, as well as about the qualification of the civil legal institutions determined by money. At the practical level the research on the thesis contributed for drafting of several articles from the Civil Code of the Republic of Moldova entered into force on 1 March 2019. The work contributes to the interpretation of the rules on monetary obligations, both from perspective of the new legal regime as well as from perspective of the transitional law, for their more uniform applicability in practice. Theoretical importance of the thesis: is demonstrated through the comparative, historic and integrated review of various disciplines inter-connected to the knowledge in civil law science. At the same time the author expresses critical view in relation to various scientifical approaches and with their applicability in national case-law. Value of applying in practice of the thesis: is manifested through offering a critical view on interpretation and apllying in practice of various institutions researched herein. The process of research on the thesis contributed to the approval of new rules included in the text of articles of the reviewed Civil Code of the Republic of Moldova. New civil regulations, both those proposed by the author as well as other provisions adopted related to the monetary regime of the monetary obligations, needs a guidance to be applied in practice. Thus, legal practitioners will find out in the content of the thesis the information and critical analisys, that would create fields of argumentation, resolution and reasoning of various situations and decisions in judicial practice related to monetary obligations. Implementation of the scientific results: is performed by the transfer of the knwoledge to the academia and scientists, as well as to the practitioners in law, knowledge that will be used for the studying of institutions of civil law and their applicability in practice, based on original and methodically elaborated view related to the money and monetary obligations in civil law. The scientific results included in scientific publications and proposals on amendment of the law, served the amendments of the national civil legislation materialized in the Law No. 133/2018 on modernization of the Civil Code and amending certain legal acts, thus, being directly implemented in the national normative system. At the same time, the research from this thesis contains the approach and legal problematization of various legal situations identified at national and international levels, which represents an important source of analisys and inspiration for the science and practice from the Republic of Moldova. Some proposals of the author, already included in the Civil Code of the Republic of Moldova No. 1107/2002 as amended, could serve a 14 source of inspiration for the amendments of the model rules in field of private law, such as Principle of the International Commercial Contracts (hereinafter UNIDROIT Principles or PICC) elaborated by the International Institute for the Unification of Private Law (UNIDROIT), Draft Common Frame of Reference (DCFR), as well as for the legislators of other states. This thesis may serve as scientific basis for the Supreme Court of Justice in elaborating of the new explanatory decision, for the update of the existent explanatory decisions or for the elaboration of recommendations related to applying of the civil legislation on legal regime of the monetary obligations in practice.