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The juridical status of the physical person in the private international law


Author: Corneliu Vrabie
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:2008
Scientific adviser: Victor (decedat) Volcinschi
doctor, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 28 March, 2008
Approved by NCAA on the 19 June, 2008

Abstract

Adobe PDF document – 0.32 Mb / in romanian

Thesis

CZU 347.15/.17(043.2)

Adobe PDF document 1.05 Mb / in romanian
149 pages

Keywords

private international law, physical person, juridical status, personal status, personal law, domestic law, residence law, European law, Anglo-Saxon law, comparative law, capacity of the person, civil state, name, residence, citizenship, marriage, divorce, national interest theory, the juridical regime of the foreigner, conflict of laws, concurrence of jurisdiction, recognition of foreign courts’ decisions

Summary

The actual position of the Republic of Moldova on the international political and economic arena, and taking into account the evident tendencies of our state to get actively involved in the process of simplifying the ways of going abroad in Europe, enforces imperiously the implementation of a proper juridical frame that would guarantee, simplify and protect efficiently such a free circuit.

The present thesis analyses specific cases dealing with the resolving of conflicts of laws in the matter of juridical status of a person. We think to bring our contribution to the problem with a scientific analysis, thus elaborating a theoretical study on the juridical status of the physical person in the way it is regulated in the present legislation of the Republic of Moldova.

We regard the notion of juridical status of a physical person as its individual status within the civil law or as the personal status within the frame of the private international law. Thus, we focus on the civil status, capacity as well as to keep it in the context of the individual status, name and residence of the physical person. We have also analyzed the problem of the foreigner’s juridical regime but without throwing too much light on it because it can make the content of another thesis.

The goal of the paper is to examine thoroughly the evolution of the status concept of the physical person within the law of conflicts; to mark out the issues concerning the applied law to its component elements; to analyze the domestic regulations in this field and put them in opposition with the international regulations and those of other states, to set forth solutions offered by the national legislation and to put up our own solutions which could be even taken as proposals of lege ferenda.

In this context, the scientific innovation of the paper is that it is for the first time in the Republic of Moldova when such an attempt has been undertaken to accomplish a well –systemized scientific research on the status of a person as it appears in the light of the regulations in the legislation of the Republic of Moldova.

Research results and the formulated theoretical conclusions can be used to improve the legislative framework in the field of private international law, civil law as well as in other branches of Private Law. The results of the investigations can also be used to make better the curricula of the Institutions and Faculties of Law when teaching the subject of Private International Law; it can be of great help and use for the specialists in the domain while elaborating courses or text – books in Private International Law.