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CNAA / Theses / 2016 / July /

The forms of legal liability under national law


Author: Cerchez Adela Maria
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2016
Scientific adviser: Andrei Smochină
doctor habilitat, professor, Institute of History of the ASM
Institution: Free International University of Moldova

Status

The thesis was presented on the 1 July, 2016
Approved by NCAA on the 6 October, 2016

Abstract

Adobe PDF document – 0.53 Mb / in romanian

Thesis

CZU

Adobe PDF document 1.49 Mb / in romanian
175 pages

Keywords

liability, responsibility, forms of legal liability, tort liability, criminal liability, administrative, and constitutional responsibility

Summary

Thesis structure: the paper begins with an introduction by way of initiating into the study regarding the forms of legal liability in national law. The thesis is divided into four chapters, general conclusions and recommendations, bibliography of 318 sources. The paper lays on 161 pages of main text and the results are published in 10 scientific papers.

Field of study. This paper presents a comprehensive study on the determination of the concept of form of legal liability and identification of the role and place of forms of legal liability in the legal liability system.

The purpose and objectives of research. The doctoral thesis aims to identify different forms of manifestation of legal liability, through the emergence, development and their operation, of the place and role of these forms in the construction of normative law of the legal liability.

The novelty and scientific originality: lies in the fact that the thesis constitutes the first comprehensive study of the legal doctrine and legal framework, regarding the forms of legal liability in the context of the changes occurring on the legislative realm, in national law, to identify facets of legal liability and reconfigure the notion of structure of the forms of legal liability.

The solved scientific issues is to develop tools for identification of forms and ways of structural achievement of the legal liability, fact which led to the clarification, for theorists and practitioners in the law field, of forms and modalities, directing the use and their recovery in all branches of law.

The importance of the paper lies in reshaping the notion of structure of forms of legal liability, determination and definition of the form, manner and manifestation of legal liability in identifying forms of legal liability, in the light of legislative changes and, not at last, demonstrating the configuration of new forms of legal liability, in determining and analyzing their signs.

Practical value, of the work. The theoretical approaches reflected in the paper will facilitate the emergence and development of new studies or researches, regarding the various forms of legal liability, designed to develop or supplement their general theory of law institutions, or specific to other branches of law, which can be considered both, in education process and in the drafting process of the normative acts, helping to reform legislation in Romania and Moldova.

Implementation of scientific results. The results have been applied in the process of teaching the course ,,Theory of liability and legal responsibility” in the Free International University of Moldova and University ,,Spiru Haret” from Bucharest.