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Defendant's means of defense in civil proceedings


Author: Dumitrașcu Dumitru
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:2023
Scientific adviser: Elena Belei
doctor, associate professor (docent), Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 31 October, 2022
Approved by NCAA on the 24 February, 2023

Abstract

Adobe PDF document – 0.48 Mb / in romanian
Adobe PDF document – 0.42 Mb / in english

Thesis

CZU 347.922.6(043.3)

Adobe PDF document 1.37 Mb / in romanian
189 pages

Keywords

fair trail, the right of defense, meanse of defense, material objections, processual exception, counter-claim, statement of defence, settlement agreement, attracting of accessory intervener

Summary

Thesis structure: The thesis contains annotations (in three languages), list of abbreviations, introduction, three chapters, conclusions and recommendations, bibliography of 200 titles, CV, 172 pages of basic text. The results are published in 24 scientific works.

Purpose and objectives of the paper: The purpose of the paper is to identify the means of defense of the defendant, examining their legal nature, conditions, effects and effectiveness. In order to achieve the purpose of the thesis, we propose the achievement of the following objectives: identification and examination of the modalities of action of the defendant which constitute means of defense; research of national doctrinal views and doctrinal opinions from other countries regarding the legal nature, characteristics, functions, types and role of the defendant's means of defense in civil proceedings; highlighting the characteristic features of the material-legal objections invoked by the defendant; establishing the particularities and the characters of the procedural exceptions as means of defense of the defendant; determining the legal nature, the conditions of exercise and the effects of the counterclaim; the formulation of the proposals of lege ferenda in order to remedy the legislative gaps and to improve the civil process.

The novelty and scientific originality of the paper: The study is the only paper in the Republic of Moldova that fully and completely examines the defenses of the defendant in civil proceedings. Indigenous specialized work that focuses specifically on the issue of the defendant's means of defense is completely missing. The scientific novelty of this paper consists in conducting a deep and thorough study of the defendant's means of defense, based on civil procedural law, national jurisprudence and doctrinal opinions in the field.

The solved scientific issue consists in determining the specific means of defense of the defendant in the civil process, which led to highlighting the particularities of use (use) of these methods of defense, to ensure uniform application of civil procedural law by courts.

The theoretical significance of the paper: the present research covers the gap of the non-existence of the specialized paper that would analyze the means of defense of the defendant. In this study was carried out the systematization of doctrinal and legislative concepts on the means of defense of the defendant; highlighting the characteristics of the material-legal objections that the defendant may submit, establishing the categories and objectives of the material-legal objections; exhaustive examination of procedural exceptions that may be raised in civil proceedings; the multi-aspect rendering of the counterclaim filed by the defendant for the purpose of defending against the plaintiff's action; determining the opportunity and efficiency of the defendant's use of alternative / atypical means of defense.

The applicative value of the paper: The elaborated concepts, as well as the formulas of lege ferenda formulated can be taken into account in the efficiency and optimization of the civil process regarding the regulation of the defendant's means of defense. We believe that the results obtained will be able to provide opinions, references, and useful solutions to judges, lawyers, participants in the trial, teachers, students and all those interested in the civil process.

Implementation of scientific results: The research results are used in the teaching and scientific process at the Alecu Russo Balti State University. In addition, the main methodological guidelines of the paper have been published in specialized journals and have been presented in various international and national scientific forums.