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Liberties in the succession law: testament and donation


Author: Anica Merişescu
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:2006
Scientific adviser: Eugenia Cojocari
doctor habilitat, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 31 March, 2006
Approved by NCAA on the 29 June, 2006

Abstract

Adobe PDF document – 0.53 Mb / in romanian

Thesis

CZU 347.6(043.2)

Adobe PDF document 0.75 Mb / in romanian
139 pages

Summary

The topical character of the succession is conditioned by the process of positive transformations in all the domains of social and economic life of the state, by the deficiency of regulation of juridical reports which, during decades, determined citizens way of life, by the ampleness of new reports of private property, etc. Researches for a more thorough study of one of the most important and actual problems of the Civil Law - the institution of liberties in the succession law, were made in the thesis. In the thesis was substantiated the concept of this institution which is based upon the opinion that liberties are civil, unilateral, juridical facts with free title, the most important ones being testament and donation. Inquiring the legislation and reference materials from the country and abroad (USA England, Germany, France, Russia) it was decided that there is a need in concluding of the Civil Legislation of the Civil Code in some its compartments that would regulate more profoundly notions of liberalities, testaments and donations in the cases of death.

Specific for the thesis is the fact that the problem is inquired with a visible accent upon liberalities: testaments, donations which, in author’s opinion, are very important at this moment in the development of the country and for the future.

Researches made, permitted the author to formulate a number of conclusions and suggestions of concluding of the Civil Legislation of application of judicial practice, as well as, of improvement of judicial body’s activity in the researches of civil causes concerning successions, in creation of new possibilities in this field.

The researches made, will contribute to the improvement of the quality of the studying process for the preparing of qualified staff in jurisprudence, for the enlarging of specialists and people’s knowledge. A thorough study of succession liberties in a specially provided course is advised.