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The Civil Protection Measures in Domestic Violence


Author: Stratulat Valentina
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:2019
Scientific adviser: Elena Belei
doctor, associate professor (docent), Moldova State University
Institution:

Status

The thesis was presented on the 21 September, 2018
Approved by NCAA on the 25 January, 2019

Abstract

Adobe PDF document – 0.39 Mb / in romanian

Thesis

CZU 347.91/.95:343.6(043.3)

Adobe PDF document 1.14 Mb / in romanian
170 pages

Keywords

family violence, victim, aggressor, petitioner, interested person, special procedure, court order, protection ordinance, civil protection measures

Summary

The Dissertation contains: Introduction, 3 chapters, general conclusions and recommendations, bibliography from 169 sources, 128 basic text pages. The obtained results are published in 9 publications.

Field of study. The work is in the field of civil procedural law, the Special Party. Special attention is paid to the analysis of the provisions of art. 2783–2789, Chapter XXII2 Civil Proc. Cod of the R.M.

The purpose of the doctoral thesis is to carry out a complex scientific research on the mechanism of applying protection measures in cases of domestic violence.

Objectives of study: researching and studying the phenomenon of domestic violence as a prerequisite for the application of family protection measures both in the country and abroad; elucidating the judicial practice that is relevant to the subject under investigation and identifying the problems related to the application of protection measures in order to formulate new solutions and perspectives for the development of the institution concerned; motivating the place of application of protection measures in cases of domestic violence in the system of civil procedural law and appreciating the role of this institution in the process of justice; identifying issues that could condition inconsistencies in the non-uniform application of legislation on the application of protection measures in cases of domestic violence in order to reconcile judicial verdicts with the practice of the ECtHR, etc.

The Scientific novelty and originality of the results. The innovative element of the present work is to carry out a thorough investigation of the civil procedural law on the application of protection measures in cases of domestic violence and to develop some legislative proposals that are supposed to optimize the respective institute.

Important scientific problem. The solved scientific problem resides in the scientific foundation of the incorporation of a new kind of civil procedure in the Civil Procedure Code of the Republic of Moldova, the fact which has led to the argumentation of all procedural-civil exceptions within this new kind of procedure, in order to devote the civil character of the protection measures and to apply the modifications and additions made within the chapters of the thesis.

The theoretical importance and the applicative value of the work derive from the importance of the investigated subject. The information contained in the paper can serve as a theoretical and practical guide necessary for the improvement of professional abilities.

The implementation of the scientific results finds its materialization in the training process within the institutions of higher education in Law, in the practical activity related to the judicial field and in the legislative activity regarding the elaboration and modification of the normative acts. 6