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The essence of the private property right and its regulation in the Republic of Moldova


Author: Ctitor Natalia
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:2016
Scientific adviser: Eugenia Cojocari
doctor habilitat, professor, Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 29 February, 2016
Approved by NCAA on the 3 June, 2016

Abstract

Adobe PDF document0.44 Mb / in romanian

Thesis

CZU 347.2(478)(043.2)

Adobe PDF document 1.05 Mb / in romanian
168 pages


Keywords

introduction, three chapters, conclusions, bibliography of 191 sources, 143 pages of basic text. The results obtained are published in 7 scientific papers

Summary

Thesis structure: introduction, three chapters, conclusions, bibliography of 191 sources, 143 pages of basic text. The results obtained are published in 7 scientific papers. Key words: private property right, modes of acquiring, the contents of the private property right, the subject and holders of the private property right.

Field of study of the given paper consists of essential analysis of social regulations on private property at national and international levels, modes of private right acquiring, ways of property right vindication, elucidation of theoretical aspects on the occurrence and development of private property right. The novelty and scientific originality of the thesis is to formulate some theoretical and practical ideas and suggestions de lege ferenda, which would logically result out of the researches carried out in the papers, contributing to the enrichment of the doctrine in matters covered, to legislation improvement, making it more compatible with existing community regulations. The thesis research methodology consists of using the following methods: historical, logical, comparative, systemic, dynamic and synthesis analysis, etc.

Goal and objectives of the thesis. The aim of the research lies in deepening knowledge of the right to private property, as form of ownership, as evidenced by the Constitution and other laws of the Republic of Moldova, the importance of the institution of private property rights, to present new research solutions of the right to private property as distinct from ownership. Research objectives: to formulate a definition of the right to private property; to highlight the peculiarities of the right to private property as separate form; to investigate and explore ways of acquiring originating private property right; to elucidate the mechanisms that guarantee and defense of private property rights in Moldova; to formulate theoretical and practical conclusions and making proposals for law ferenda that would logically result from investigations conducted in this paper, contributing to the enrichment doctrine in matters covered, the improvement of legislation, making it more logically consistent and cohesive existing national and international regulations on the right of private property.

Scientific novelty and originality of the thesis is to formulate certain theoretical and practical ideas and submit proposals for law ferenda that would logically result from investigations conducted in this paper, contributing to the enrichment doctrine in matters covered, the improvement of legislation, making her more compatible with existing Community legislation.

Important scientific problem solved is to identify the right to private property as an institution of law and as a subjective right, fundamental for holders, highlighting the need for explicit regulation of relations in the institution of private property right.

Theoretical and practical value of the thesis is that in this paper we put a precise treatment of legal regulations related to the institution of private property right. The same work can serve as a teaching support for students and postgraduate faculties of law, private law professionals.

Implementation of scientific results. The results can serve as theoretical support in studying the institution of private property rights and may be transposed into national legislation to improve this.