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The civil-procedure guarantees of the parties when examining the case in the absence of the defendant


Author: Moscalciuc Vitalie
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: Vasile Creţu
doctor, associate professor (docent), Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 22 December, 2022 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document – 0.99 Mb / in romanian
Adobe PDF document – 0.99 Mb / in english

Thesis

CZU 347.956(043.3)

Adobe PDF document 2.22 Mb / in romanian
222 pages

Keywords

civil trial, guarantees, anti-guarantees, absence of the defendant, search of the defendant, public summons, legal summons, appointment of attorney, reasonable term, free access to justice, contradictoriality and equality, contumacy procedure, procedure in absentia

Summary

ANNOTATION Moscalciuc Vitalie „The civil-procedure guarantees of the parties when examining the case in the absence of the defendant”, doctoral thesis. Doctoral School of Legal Sciences of the State University of Moldova. Chisinau, 2022. Structure of the thesis: This work includes 222 of text pages, annotation in Romanian, English and Russian, list of abbreviations, introduction, five chapters, general conclusions and recommendations, bibliography consisting of 312 titles. The results obtained are published in 5 scientific papers and in 3 communications in scientific forums. Keywords: civil trial, guarantees, anti-guarantees, absence of the defendant, search of the defendant, public summons, legal summons, appointment of attorney, reasonable term, free access to justice, contradictoriality and equality, contumacy procedure, procedure in absentia. The field of study derives from the issue related to the examination of the case in the absence of the defendant and involves the identification of procedural guarantees that the parties in the civil trial benefit from. The purpose of the thesis is to identify the guarantees of the rights of the parties to the trial provided by the legislation of the Republic of Moldova and to establish the existence of a balance between such guarantees, in the conditions of absence of the defendant. The novelty and scientific originality lies in conducting a research for the first time in the national procedural science, focusing on the issue of examining the case in the absence of the defendant and identifying specific procedural guarantees of the parties to the trial. The originality of the paper consists in researching the issue of procedural absenteeism in terms of procedural guarantees enjoyed by the parties to the trial, which allows us, in addition to identifying the spectrum of procedural guarantees of the plaintiff and of the defendant, to conclude even on the degree of protection of the rights of these parties. The obtained results allow us to re-evaluate the concept of guarantees, researching in detail all aspects of this category, to establish the algorithm for identifying the guarantees of the parties and to conclude on the level of guarantee of the rights of the parties, allowing us to come up with a series of conceptual proposals and of legislative amendments. The theoretical significance lies in addressing several purely theoretical problems, which are primarily related to the understanding of the very concept of „guarantees”; in establishing the role of the physical presence of the parties to the trial and the impact of the absence of the defendant on the rights of the parties; in determining the volume of guarantees that the plaintiff benefits from on the one hand, and the defendant on the other hand; in confronting the guarantees of the parties, which provides a clear picture of the procedural legal status of each of the parties. The applicative value of the paper is related to the identification of gaps, omissions and contradictions in the civil-procedural legislation, being exposed and motivated practical solutions for the problems and difficulties that courts encounter, in the circumstances of examining the cases in the absence of the defendant. At the same time, proposals for ammending the law are drafted, aimed at improving the legal framework, thus aiming to strengthen the legal status of the parties to the process, streamline the procedures, reduce the costs and the procedural terms. Implementation of scientific results: The carried out research and the drawn conclusions can serve as teaching material in the field of training of students and masters, in law institutions. At the same time, since many of the topics addressed are innovative for the national civil-procedure science, we consider that this work can be percieved as a starting milestone for future researchers, who shell develop, amplifie and why not, combat those concluded in this research.