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Principiile dreptului: aspecte teoretico - practice


Author: Elena Botnari
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2004
Scientific adviser: Boris Negru
doctor, associate professor (docent), Moldova State University
Institution:

Status

The thesis was presented on the 10 September, 2004
Approved by NCAA on the 14 October, 2004

Abstract

Adobe PDF document – 0.26 Mb / in romanian

Keywords

the law principles, their distinctive features, the principles of freedom, equality, justice and responsibility, the system and the hierarchy of the law principles, the general principles of law, the branch principles of law, the process of law implementation in the legal proceeding, the principles of juridical responsibility, analogia iuris, law and order in positive law

Summary

The present work introduces the principles of law highlighted by the theory of law and juridical practice.

In the first chapter the author considers the concept of law principles, their distinctive features and defines them. It is an attempt to substantiate the origin and the nature of the principles of law, which in author’s opinions lead the hyper-positive existence. The nature of law principles reveals in the principles of freedom, equality, justice and responsibility.

The second chapter expounds the system and the hierarchy of the principles of law. There are introduced the criteria for classification of the principles of law as well as the division of the said principles. The author analyses the concept of the basic principles of law in the light of Law Science and defines it by his own concept. The basic principles of law are also classified. The branch and inter-branch’s principles of law are analyzed in connection and in compliance with the Law Science and the Republic of Moldova legislation being in force. This chapter reveals and explains the principles of functioning juridical institutions.

The third chapter relates the functioning of the principles of law with the positive law and juridical methods. It deals with studies of the correlation between principles of law and juridical categories, concepts and constructions, legal regularities and law sources. This chapter specially emphasizes relations between the principles and the norms of the positive law, and juridical fictions particularly.

The final fourth chapter defines the role and the place of the law principles in the legal proceeding. The principles of legal proceedings correlated with the basic law principles are as well analyzed. The author designates the role and the place of the principles of law in the process of law implementation (law observation, implementation, execution and application).

This chapter also deals with the principles of law norms interpretation as well as those of juridical responsibility.

The studies of the role of the basic principles of law and the principles of civil law in the process of filling the lacunas in the positive law, make up the final point of the work.