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CNAA / Theses / 2007 / June /

The usufruct – the dismemberment of the property law within the legislation of the Republic of Moldova


Author: Dandara Liliana
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:2007
Scientific adviser: Eugenia Cojocari
doctor habilitat, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 8 June, 2007
Approved by NCAA on the 20 September, 2007

Abstract

Adobe PDF document – 0.34 Mb / in romanian

Thesis

CZU 347.252(478)(043.02)

Adobe PDF document 1.13 Mb / in romanian
138 pages

Keywords

dismemberments of property law, property law as the main real, usufruct, usufruct law, real right, personal right, proprietor nule, parties both of the usufruct, ways of appearance and ways of disappearance of usufruct law

Summary

In this thesis there have been done researches for a deeper study of one of most important and actual problems of civil law- the institution of property law as the main real and one of the its most important dismemberments of the usufruct. There was grounded the concept of this dismemberment which is based on the opinion to consider the usufruct as one of the most frequently met and most various real studying personal right, first of all as a real right the dismemberment of property law and further its specific characters the ways of appearance and disappearance, the content of usufruct law. There have been studied the rights and obligations of parties both of the usufruct and of the proprietor nule there have been highlighted the common characters and delimitations.

Studying the legislation and specialty literature from the country and from other states (Romania, Russia, France, USA, England, Germany ) there was fixed that it is necessary to improve the national civil legislation, especially the Civil Code of the RM, completing some articles which would regulate some aspects of the usufruct as real right and not as relative law, the author formulates the definitions of this law, new notions of usufruct, giving some proposals of ferend law.

Something specific for this thesis is the fact that the problem is being studied making an emphasis on the usufruct as personal servitude and real right which according to author’s opinion is the main condition which must be taken into consideration at the examination of litigations linked with the appearance and disappearance of usufruct right.

The researches which were done allowed the author to formulate a number of conclusions and suggestions to improve the civil legislations assuring the executions of parties rights and obligations, as well as improving the activities of judicial authorities while examining and solving civil causes, creating some new possibilities in this domain. The researches which were done will contribute to the quality of studying process too in order to prepare qualified specialists in jurisprudence, to consider thoroughly the knowledge of specialists and population. It is suggested to study thoroughly the real rights at a special course at all special universities from the country.