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Causality – inherent condition of legal liability


Author: Prodan Mariana
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2008
Scientific adviser: Dumitru Baltaga
doctor habilitat, professor, Free International University of Moldova
Institution:
Scientific council:

Status

The thesis was presented on the 1 December, 2007
Approved by NCAA on the 24 January, 2008

Abstract

Adobe PDF document – 0.22 Mb / in romanian

Thesis

CZU 340(091)(043.2)

Adobe PDF document 1.03 Mb / in romanian
175 pages

Keywords

determinism, causality, causality relation, cause, effect, direct causality, indirect causality, accidental causality, causality’s character, legal liability, causality relation in quality of inherent condition of the legal liability, conditions of legal liability, unlawful action, socially dangerous result, subject of legal liability, civil liability, felonious civil liability, contractual civil liability, criminal liability, contravention liability, constitutional liability, disciplinary liability

Summary

The doctoral thesis is consecrated entirely to the study of causality phenomenon and its manifestation within the institution of legal liability.

The thesis begins with a presentation of the determinism theory, its historical evolution as well as of its elements, such as causality, necessity and occurrence. The author makes an analysis of the causality’s elements –cause, effect and their ascription to the juridical phenomenon. The same can be said about the determinism theory – it is presented its impact on the law in general and on the legal liability in particular.

Arguments are presented concerning the necessity of application of the precaution principle in the autochthon legislation and practice in fields such as ecology and sanitary risks.

Within the analysis of the institution of legal liability and of the premises of bringing to account, it is established the role and the importance of the causal relation between the misdeed and the socially dangerous consequences and is related to the relation between the causality and the other conditions of legal liability. The author analyzes the correlation illegal action – its causality relation and the socially dangerous result, the correlation guilt - causality relation, prejudice – causal relation, as well as the correlation between the conditions excluding the legal liability and the established causal relation.

Further in the study, the author makes a comparative analysis of conditions of the causality relation’s ascertainment within the different forms of legal liability. Thus, firstly there are presented the specific conditions of determination of the causal relation within the felonious and the contractual legal liability, by referring to the presumption of the casual relation’s existence at the moment of the civil damage’s existence. Then, a comparison is made between the causal relation expressed in other forms of legal liability: criminal, constitutional, infringing and disciplinary ones.

In conclusion, the author presents his own deductions and theoretical and applicative recommendations in connection with the causality, in its quality of inherent condition of the legal liability.

The study can be used as didactic manual at the faculties of law, as well as in the practice of people commissioned by law to decide the bringing to account.