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Now showing 1 - 5 of 17

Recent Submissions

Rolul notariatului contemporan în protecția valorilor familiale [Articol]
(CEP USM, 2025) Cebotari, Valentina
Family relationships in our days became more complex. Not every time legal settlements can stand challenges and, often for solving difficult situations should be applied moral and religious rules, traditions and nation values. An important role for peaceful solutions of family conflicts has notary, been empowered by the law to dissolve a marriage, to authenticate matrimonial agreement, alimony agreement, residence establishment of a child and other parent that lives separately participation at his education agreement and others. Right decision of family members, that asked for concluding a legal act, depends of his professionalism, only notary can put in evidence values and traditions that aren’t directly stated by legal rule, but that lead to respect of rights and liberties of each human been, no matter is he a child or an adult.
Inopozabilitatea divizării persoanei juridice față de creditori în temeiul acțiunii pauliene: impactul jurisprudenței curții de justiție a Uniunii Europene [Articol]
(CEP USM, 2025) Cazac, Octavian
In case C-394/18, the CJEU clarified that Article 12 of the Sixth Directive 82/891/CEE provides only a minimum level of protection for the creditors of the divided company, without excluding the use of other legal instruments such as the actio pauliana. Thus, prior creditors may seek to render the division unenforceable against them, even if they have not used the specific creditor protection instruments provided under national law. The Court distinguished this action with relative (limited) effects from the nullity provided for in Article 19 of the Directive. The ruling was criticized for insufficiently considering the interests of subsequent creditors—a point raised by the Advocate General. Under Moldovan law, creditors already benefit from protection through the joint and several liability of the entities resulting from the division. However, the risk of harm persists when claims are transferred to insufficiently funded entities. An extension of the liability regime is proposed to include the separated entity, following the Dutch model.
Principiului forței obligatorii a contractului. Aspecte teoretice [Articol]
(CEP USM, 2025) Beliban-Rățoi, Ludmila
The contract is one of the most important institutions of civil law. Once concluded, the contract produces a series of effects. The principle of the binding force of the contract is the basic principle that guides the institution of the contract primarily, but also the effects of the contract in particular. The principle of the binding force of the contract, also known as pacta sunt servanda, generates the force of law between the signatory parties to the validly concluded contract. This principle obliges the parties to comply with the agreed clauses and to execute the assumed services. Deriving from the autonomy of will, the principle ensures the stability and predictability of legal relations, while also identifying the importance of the agreement of will of the parties to the contract. In civil law, this principle guarantees faith in the value of the contractual commitments and is essential for the correct and sustainable functioning of the market economy.
Aplicarea pedepsei pentru recidivă de infracțiuni [Articol]
(CEP USM, 2025) Gladschi, Gheorghe
The paper constitutes an analytical material on the provisions in force regarding the institution of individualization of punishments in general, and the application of punishment for recidivism in particular. The legal framework within which judicial individualization of punishment must take place in cases of recidivism is analyzed. The means and criteria for the individualization of criminal punishment as determined by law are presented. The grounds and limits for applying punishment in cases of recidivism are examined, along with the circumstances provided by law when determining the category and duration of the punishment for any type of recidivism. Explanations are provided regarding the rule of increasing the punishment for dangerous and particularly dangerous recidivism, as established by law, by raising the special minimum limit of the punishment stipulated by the corresponding article in the Special Part of the Criminal Code. It is clarified that the punishment for dangerous and particularly dangerous recidivism cannot be established below the special minimum limit of the punishment provided by the relevant article. Solutions have been identified for applying punishment in cases of recidivism when an unconsummated offense is committed again or multiple concurrent offenses are committed in a state of recidivism, as well as in situations where dangerous or particularly dangerous recidivism overlaps with the accumulation of sentences.
Cadru juridic și condiții ale liberării de răspundere penală pentru infracțiunile reglementate de art. 217 și 217¹ CP al RM [Articol]
(CEP USM, 2025) Pântea, Andrei
This article explores the applicable legal framework and the conditions for exemption from criminal liability for offenses regulated by Articles 217 and 217¹ of the Criminal Code of the Republic of Moldova, which address the illegal circulation of narcotic drugs, psycho¬tropic substances, or their analogues. The purpose of the paper is to identify the specific situations in which the institution of exemption from criminal liability may be applied without undermining the objectives of criminal policy aimed at protecting public order and public health. The research methodology relies on doctrinal analysis, systemic and legal-logical interpretation of the relevant provisions, and the examination of national judicial practice. The findings reveal that exemption mechanisms—especially in cases involving personal use, active cooperation with authorities, or participation in treatment programs—are provided by law; however, their application is at times inconsistent or insufficiently substantiated. The study argues for the need to harmonize case law, clarify the legal framework, and develop alternative criminal justice instruments, particularly for non-violent drug users, to achieve a balanced approach between prevention, punishment, and social reintegration.