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CNAA / Theses / 2022 / June /

Conversion – way of correcting the causes of nullity of the civil legal act


Author: Șargarovschi Mariana
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:2022
Scientific adviser: Sergiu Băieşu
doctor, professor, Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 23 June, 2022
Approved by NCAA on the 22 November, 2022

Abstract

Adobe PDF document – 0.96 Mb / in romanian
Adobe PDF document – 0.72 Mb / in english

Thesis

CZU 347.441.86(043.2)

Adobe PDF document 2.68 Mb / in romanian
194 pages

Keywords

conversion, way of correcting, nullity, civil legal act, expression of will, complex legal fact, real consequences, obligations consequences, judicial nature, inheritance, testament, acceptance of inheritance, contract, preliminary contract, surety, bill of exchange, functions

Summary

Thesis structure: introduction, 4 chapters, conclusions and recommendations, bibliography of 160 titles, 178 pages of basic text. The results are published in 19 scientific works.

The purpose of the thesis: justifying the need to regulate the conversion of the civil legal act as a way of correcting the causes of nullity of the legal act, in view of the usefulness that this legal institution can present for the dynamization of legal relations.

Research objectives: researching the usefulness of conversion of the civil legal act as a way to correct the causes of nullity of the civil legal act, building a theoretical construction that accurately reflects the essence of the researched phenomenon, resolving theoretical controversies, developing recommendations and proposals for improving the legislation.

Novelty and scientific originality: it is a fundamental research of conversion as a way of correcting the causes of nullity of the civil legal act, which neutralizes the cause of nullity that infests the legal act and allows it to produce its legal effects. The thesis formulates theoretical and practical conclusions and offers lege ferenda to enrich the doctrine and the current legislation.

The obtained result: consists in elaborating a conceptual framework of conversion as a way of correcting the causes of nullity of the civil legal act, which contributes to the justification of this legal institution for the civil circuit of goods and values, in order to implement the conversion in the legislation of the Republic of Moldova.

Theoretical significance: consists in a comprehensive study of conversion of the civil legal act, its theoretical foundation, in terms of domestic and foreign doctrinal concepts and elements of comparative law.

Application value: identification of the conditions and hypotheses for operating the conversion of the civil legal act, through the prism of the modernized Civil Code system. The thesis can serve as a teaching support for students, master students and doctoral students of law faculties.

Implementation of scientific results: the results of the research can be used to improve the existing legal framework and judicial practice in the field of nullity of the civil legal acts.