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The legal status of the subject of law at different stages of legal liability


Author: Dobînda Vasile
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2021
Scientific adviser: Dumitru Baltaga
doctor habilitat, professor, Free International University of Moldova
Institution: Free International University of Moldova

Status

The thesis was presented on the 17 December, 2021 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.36 Mb / in romanian
Adobe PDF document0.30 Mb / in english

Thesis

CZU 340.13 (043.3)

Adobe PDF document 1.77 Mb / in romanian
218 pages


Summary

Thesis structure: Introduction, four chapters, general conclusions and recommendations, bibliography of 275 titles, 194 basic text pages. The obtained results are published in 17 scientific papers, the total volume of publications on the topic is 14,9 c.a.

Field of study: General Theory of Law.

Aim of the paper is to investigate the legal status of the subject of legal liability, recognizing the existence of normative, substantive and procedural stages in the development of legal liability, the evolution of the special legal status of the perpetrator and the problem of its normative regulation, the need to operate with these syntagmas both at the level of the general theory of law and branches of law.

The objectives of the research: anchoring the concept of legal liability across the strict boundaries of the branch legal sciences, investigating the spatial-temporal and structural-systemic construction of this notion; determining the meaning and defining the categories of subject of legal liability, subject of illicit deed, tortious capacity of the subject of law in the paradigm of the general conditions of legal liability; classification of the subjects of legal liability based on the criterion of the forms of legal liability and of the general criterion of classification of the subjects of law; identifying and defining the concept of legal status of the subject of legal liability, analyzing the specific rights and obligations within the special legal relationship of liability; elaboration and complex analysis of the concept of spatial-temporal and structural-systemic construction of legal liability; presentation and analysis of the dynamic phases of the evolution of legal liability and their impact on the change of the legal status of the subject of legal liability; complex analysis of the construction of the release of legal liability in the process of the evolution of legal liability.

The scientific novelty and originality are determined by the insufficient research related to this particular subject in the doctrine of the 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 results obtained that contribute to solving an important scientific problem lie in the formulation of modern and timely concepts, the legal status of the subject of legal liability and the substantive and procedural stages of the evolution of legal liability, as concepts that verify the authenticity and fairness of legal liability in different branches of law. This led to the elaboration and inclusion in the vocabulary of the General Theory of Law of the concept of legal status of the subject of legal liability and its materialization at different stages of legal liability, in order to establish the elements, specific features of this status and the dynamic phases of evolution and manifestation, the orientation of practitioners who apply different forms of legal liability in legal relations of substantive and procedural law.

Theoretical significance. The paper elucidates various doctrinal approaches of different forms of legal liability in the realization of rights and legal obligations specific to certain phases of its manifestation. From a theoretical perspective, the aim is to analyze and explain various elements of the legal status of the subject of legal liability, the stages of initiation, disclosure, implementation and realization of legal liability, so as to operate with these categories introduced in the scientific circuit of the general theory of law.

The applicative value of research. The emergence and evolution of legal liability is organically linked to the legal rights and obligations of the subject of legal liability at various stages, which in their entirety form the special legal status of the legal subject based on its general legal status. The research results of this subject have not only theoretical but also practical importance for legislators, judges, lawyers, but also other participants in the process of legal liability realization.

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 the” General theory of law” on the topic "Legal liability," in the branches of civil law, labor law, administrative law, criminal law, fiscal law, etc.