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Patrimonial liability – form of legal liability


Author: Stahi Tatiana
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2018
Scientific adviser: Dumitru Baltag
doctor habilitat, professor, Free International University of Moldova
Institution: University of European Political and Economic Studies "Constantin Stere"

Status

Term of presenting of the thesis 22 June, 2018

Abstract

Adobe PDF document0.51 Mb / in romanian

Thesis

CZU 347.2/.5:340.12(043.3)

Adobe PDF document 1.41 Mb / in romanian
193 pages


Keywords

legal liability, patrimonial liability, financial liability, liability for damages, patrimony, injury, damage, wrongful act

Summary

Patrimonial liability – form of legal liability”. Doctoral thesis in Law; Specialty: 551.01 – General Theory of Law, Chișinău, 2018. Thesis structure: Introduction, three chapters, general conclusions and recommendations, bibliography of 373 items, 176 pages of the basic text. The obtained results were published in 13 scientific works; the total amount of publications on the topic is 5.9 author’s sheets. Keywords: legal liability, patrimonial liability, financial liability, liability for damages, patrimony, injury, damage, wrongful act. Field of study: General theory of law. The purpose and the objectives of this thesis: The aim of the thesis is to study the patrimonial legal liability as interdisciplinary institution and form of legal liability in terms of the issue, evolution, content, role and place of this form in the system of legal liability, which will contribute to the scientific ground of this concept, to extension of knowledge in the theory of liability, to recommendations with normative properties for better recognition of civil legal liability. The accomplishment of purpose in question involves the realization of following objectives: building on the basis of existing scientific approaches of theoretical-practical model of patrimonial legal liability; determination of the level of legal regulation of property liability as a form of legal liability; formulation of the characteristic patrimony traits, definition of this phenomenon; formulation of definition of patrimonial legal liability from the perspective of comparative law, doctrine and legislation; establishment of theoretical aspects related to the delimitation ofpatrimonial legal liability of other forms of legal liability; presentation of the concept, distinctive signs and forms of property liability in the branches of public law and of private law; argumentation of independence of property liability as a distinctive form and identification of the place in legal normative construction of institution of legal liability; formulation of the conclusions and the recommendations by the analysis of the legislative gaps and proposals of legislative perspective, contributing to eliminate judicial errors. Scientific novelty and originality: The innovating character of this thesis is determined, so by its multiaspectual purpose and objectives, and by research methodology. Scientific novelty derives from a detailed analysis from the point of view of the general theory of law of the concept of patrimonial legal liability, determines and establishes the definition, content and forms of patrimonial legal liability and of its expression in different branches of law. Through a detailed and multilateral analysis and last but not least, critical analysis, the study constitutes a research with a real practical approach to property liability as form of legal liability, trying to subsume in this thesis the most innovative issues and debate on the theme of the research. The target scientific problem is to identify the concept of patrimonial legal liability as a form of legal liability from the point of view of the general theory of law, which has led to the elucidation of distinctive signs, the content and the forms of legal liability, which led to its identification within the institution of legal liability. Theoretical significance comes from the definig of the concept of patrimonial liability, determining the notion of patrimonial liability from the perspective of the general theory of law. Thus, the conclusions and the recommendations set out in the thesis shall allow the development of certain directions in science, law, and practice. This, in turn, will determine the revision of the traditional opinion regarding patrimonial liability as a form of legal liability. The applied value of the thesis lies in the fact that scientific analysis stemming from the thesis can be used: in a theoretical and scientific plan for a conceptualized approach to problems related to the application of patrimonial liability – the form of legal liability; in normative-legal outline. The results of research considerably extend the existing theoretical and doctrinal visions vis-à-vis the phenomenon of legal liability, which will admit the intensification of the work of legislative elaboration in the field of patrimonial legal liability; in didactic and disciplinary draft on the teaching course of General theory of law on the subject „legal liability”, in the branches of civil law, employment law, property law, etc., at the sections with respect to legal liability. Implementation of scientific results. The results of this thesis were presented and communicated in several international and national conferences, published in various magazines, which has contributed to the enrichment of the national theoretical framework. The conclusions of the thesis, the innovation elements are used in the process of studies in the teaching of the course studies of General theory of law in the Free International University of Moldova.