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Effects of the contract on third parties


Author: Beliban-Rațoi Ludmila
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 20 October, 2021 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.85 Mb / in romanian
Adobe PDF document0.79 Mb / in english

Thesis

CZU 347.447.9(043.3)

Adobe PDF document 2.48 Mb / in romanian
233 pages


Keywords

contract, legal act, effect of the contract, effect of the contract towards third parties, party, third parties, relativity, opposability, simulation, contract for the benefit of a third party, stipulator, promiser, beneficiary

Summary

The structure of the thesis: this thesis was developed during 2019-2021 and has the following structure:introduction, four chapters, general conclusions and recommendations 217 pages of basic text, bibliography with 187 titles. The results are reflected in 7 scientific researches.

Field of study: the field of this research is the field of civil law, namely the institution of the contract, especially the effects of the contract.

The purpose and objectives of the thesis. The aim of the thesis is to determine the dynamic nature of the effects of contracts vis-à-vis third parties within the effects of contracts, as well as the complex and ample approach of the topic of the effects of contracts vis-à-vis third parties. Likewise, the basic purpose is to carry out a theoretical-practical study on the effects of contracts against third parties, to be used in elucidating various disputes or issues related to the application of legal provisions, the principles of contract effects in general, but also the effects of contracts vis-à-vis third parties in particular.

The objectives of the thesis are - establishing the degree of research in the field of contract effects in general, but also the effects of the contract to third parties in particular, determining the principles governing the effects of contracts in general, but also the effects to third parties in particular and their in-depth analysis , highlighting the category of a party of the contract, highlighting the category of third party in relation to the contract, evolutionary examination of the contract for the benefit of a third party, identifying and circumventing the characteristic features of the contract for the benefit of a third party, determining issues related to some specific contracts and its clauses, or aspects of the contract for the benefit of a third party.

The novelty and scientific originality of the obtained results lies in the fact that this text is a novelty, regarding the effects of contracts to third parties, but especially after the modernization of the Civil Code of the Republic of Moldova, this is the first research in the mentioned-above field.