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Judicial Procedure: History and Modernity

Author: Anghel Ion
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Scientific adviser: Andrei Smochină
doctor habilitat, professor, Institute of History of the ASM
Scientific council:


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


Adobe PDF document0.31 Mb / in romanian


CZU (478+498)(043.2)=135.1 A 58

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175 pages


legal act, judicial system, judicial procedure, reform of the law, the mission of justice, the realization of justice, international standards of equity and justice, independence of justice, form of legal proceedings, criminal and civil case law, the judicial organization, separation of powers, acquis communautaire, principles of justice, legislator, legislation, regulation, examination, modification of legislation, social relation


This scientific investigation aims at an analysis of many Romanian political and legal institutions, surveying their historical evolution, as well as the history of ancient Romanian legal procedure, which represents the fundament of modern legal culture.

It this research it is displayed, on the basis of predecessor's works and of an examination of general principles of the realization of legal proceedings, main causes and factors that determine the apparition of the eldest state activity aimed to promote the interests of legal act through the prism of socially approved values' protection.

Performing the research through the primary sources, a lot of documents and legal acts about tegat procedure m the Antiquity, Middle Ages, Modern and Contemporary Epochs, a conclusion is made concerning historical practice of the realization of justice, problems of the formation and evolution processes in the whole system are analyzed, as well as the role of judicial sentences in the historical context of the legal proceedings.

Analyzing the phenomenon in discussion it is mentioned that to study and investigate the history of legal procedure means to presume and identify its genesis itself and its historical evolution as well, which go down to the epoch of Burebista and Roman conquer. Perhaps, exactly these genesis and evolution have conferred to the history of legal procedure that specific identity comparative with the history and law of the other nations on the European continent.

The examination of this subject to a high grade of complexity, had determined taking in consideration of certain aspects which at a first glance appear to be perfectly well-known, but which in reality due to their nature, legal at first and social after this and so on, have proved to be insufficiently studied. So, the sphere of legal procedure can be characterized with a certain grade of specialty, as well as diversity. In order to motivate this model methodologically in the dissertation it is made an attempt of analysis from the historical point of view of the problems in case, in order to finally state the connections which firm the Bridge" between the process of adaptation and assimilation of certain institutions and legislations of Roman, Byzantine, Ottoman nature and of other European nations - especially in the Modern Epoch which carries a major significance to the contemporary society.

The result of the theoretical research tends to the formation of a uniform concept concerning the essence of evolutionary process on the case of legal procedure in Romania and Republic of Moldova as a modality of understanding and perception of actual legal system, which cannot be ascended but through the prism of an adequate knowledge of ancient political and legal institutes and of ancient Romanian legal proceedings.