2. Articole

Permanent URI for this collectionhttps://msuir.usm.md/handle/123456789/109

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Author: search.filters.author.Cara-Rusnac, Aliona

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    Aspecte practice de aplicabilitate ale contractului smart bazat pe sistema Blockchain
    (CEP USM, 2024) Cara-Rusnac, Aliona
    Over the years, a number of applications of blockchain and smart contracts have been proposed in a variety of scenarios and sectors. Such applications use the blockchain to record different types of assets, from financial to public (e.g. vehicle registrations), semi-public (e.g. university degrees) and private (e.g. wills), as well as intangible (e.g. coupons) and tangibles (e.g. e-hotel). room keys) active. In the following subsections, an overview of the developed/designed applications is reported, grouping them according to their sector and context. The objective here is to provide the reader with a list of existing, to be developed, or potential applications of blockchain and smart contracts to help them understand the huge impact this technology could have on society.
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    Unele aspecte privind apărarea dreptului de proprietate în contextul digitalizării
    (CEP USM, 2024) Baieș, Sergiu; Cara-Rusnac, Aliona
    This article will research the aspects of the protection of the right of ownership in metaverse world. The digitalization is like “pandemic” that invaded the new generation and reality, even the elder population is quite resistant to the new ‘metaverse world’ from the security point of view it invaded all the domains. The right of ownership is also influenced by the digitalization and metaverse world, thus this research is imperious necessary to identify the gaps that exist in the zone of the protection of the rights of ownership. This research will be focused on the protection and defence of the rights of ownership of digital goods and protection of the owner in the online area. It will conclude with some recommendations on protection of the owner in online sphere.
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    Contractul inteligent un capitol nou în dreptul obligațional
    (CEP USM, 2024) Cara-Rusnac, Aliona
    This article aims to research the main issues of the smart contracts as a new era in the law of obligations. The smart contract has the capacity to disrupt the practice of the traditional contracting. The fundamental scope of the article is to analyze whether these are contracts in the legal sense and to describe their benefits and potential threats. The paper will outline two main directions, first that smart contracts are well managed by some classic principles of formation of the contract but in the same time there are some key particular issues associated with technology that makes a new brand contract in the obligational right domain.
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    MIGRATION OF THE MOLDOVANS WITHIN EUROPEAN UNION BORDERS VS RUSSIAN FEDERATION
    (2012) Cara-Rusnac, Aliona
    În articolul dat se descriu tendinţele migrării cetăţenilor Republicii Moldova în ţările Uniunii Europene (UE) şi Federaţia Rusă, precum şi în alte ţări. Acest fenomen a devenit un eveniment obişnuit pentru ţara noastră. Autorităţile centrale închid ochii la migraţia masivă al cetăţenilor noştri peste hotarele ţării, mai mult ca atât remitenţele trimise de peste hotare de emigranţii din Moldova sunt o contribuţie esenţială al bugetului nostru. ţările Uniunii Europene (de exemplu Italia, Grecia) nu au încheiate contracte bilaterale cu Republica Moldova în vederea reglementării statutului imigranţilor şi asistenţei lor, pe teritoriul Federaţiei Ruse cetăţenii Republicii Moldova nu se simt mai în siguranţă ba chiar situaţia acestora e mai rea. După datele statistice, în prezent în ţările UE lucrează şi domiciliază mai mult de 20 mln de migranţi din diferite ţări, dintre care jumătate de milion sunt moldoveni. Moldova îşi pierde potenţialul intelectual, afirmă oficialii europeni, referindu-se la cifrele statistice, în conformitate cu care 40% de persoane apte de muncă emigrează din ţară. Migrarea cetăţenilor prezintă un pericol real pentru Republica Moldova. Datele statistice arată că 40% din populaţia aptă de muncă munceşte peste hotarele ţării şi aduce contribuţii în bugetul altor ţări, în timp ce Republica Moldova întâmpină greutăţi financiare mari. Aproape jumătate din moldoveni emigraţi peste hotarele ţării au preferat de a pleca în fostele ţări ale Uniunii Sovietice, în mod special în Rusia şi Ucraina. Anual în Rusia emigrează 2-3 mii de persoane, iar în Ucraina 1,5 -2 mii de persoane. Pe lângă toate, persoanele aleg fostele ţări ale Uniunii Sovietice deoarece în fostul spaţiu sovietic predominant populaţia cunoaşte şi limba rusă – o limbă ce a fost vorbită de practic toate ţările sovietice. Ca rezultat persoanele mai uşor se integrează în societate.
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    SISTEMUL NOTARIAL LATIN DIN STATELE DEZVOLTATE CA: GERMANIA, CANADA, FRANŢA ŞI ITALIA. INFLUENŢA ACESTUIA ASUPRA ŢĂRILOR ÎN CURS DE DEZVOLTARE
    (2011) Cara-Rusnac, Aliona
    Notaries from Latin –type system countries have been influenced by Roman law, that‘s why they have similar legal conceptions. Notary profession was differently settled in the countries which are based on the Latin-type notary, sometimes comprising elements from common-law system. Notary profession in the European Union countries it is based on the same principles, but each state has its specific regulations; however European Union states promote same ideas and conceptions. For example Great Britain, Denmark and Ireland the notary system does not show up in the integrity of this profession, in Portugal the notary system it is exclusively - State. In most of the Latin-type notary system states, the notary function is incompatible with any other. Notary in Latin traditions is a public function; he cannot refuse performing his duties, with the exception of some grounded reasons. In Latin-type notary system states the notary appears as a mediator that defends citizens‘ interests in the states name. Many countries as: Spain, Italy, Quebec (Canada), inclusively Republic of Moldova, have been inspired from French notary system. In France, the notary trough its duties fulfillment, ensure that the contractual clauses correspond to the legislation in force and might be executed, he appears as a warrant of juridical security, but in his quality of lawyer, who ―humanize‖ the legal norms, interpreting the will of the parties, translating it in Legal language. The notary is situated in the point where it is crossed the law and the human being; he is not a judge, who solves the disputes between parties or other law actors. The notary prevent the eventual disputes between parties consulting parties in the contract, drafting contracts according to the legislation in force, ensuring social relations, acting as peacemaker. To the notary has been trusted the function of drafting and ensuring proves. Social life would be impossible, if private persons would not be able to ensure in any life moment the validity and the legal power of their consent. One of the countries rich in notary law activity is Germany, whose notary system has served as model for many countries, inclusively Republic of Moldova. The main function of the notary consist in the drafting of the parties consent in different domains as: real estate, recording of the transport means, inheritance, family law and business law. Notary system in Italy has roots from ancient periods, starting with the period of Roman Empire, that‘s why it can serve as a tool and example for other states. Italian notary system has a double character: liberal and public. The liberal character of the notary supposes firstly its independence, and the public character supposes a strict control from the state, which is added with the notary self control. Thus, the notary is confronted with the fact of respecting the authority imposed rules and self respecting the legislation in force imposed rules. This rule usually is called gold rule. Per daily basis the notary has to apply in its activity this rule, correlating the state and parties‘ interest, and he has to respect it himself. A specific character to the Latin-type notary system is the juridical stability, which is characteristic to: Netherlands, Italy, Germany and France, laws that entered in force starting from the end of the XIX century and middle of XX century till present on the other hand our legislation that has been changed many times.
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    CONSIMȚĂMÂNTUL ÎN CADRUL CONTRACTELOR ÎNCHEIATE ÎN MEDIUL ON LINE
    (CEP USM, 2020) Cara-Rusnac, Aliona
    This article describes the legal aspects of the parties consent within the moment of concluding of the contracts in virtual space. The contracts concluded in virtual space have special particularities due the fact in is concluded in virtual space, Also, it will be analyzed the distant commercial contracts concluded with the consumers and products sold on-line. A particular aspect will be dedicated for smart contracts and the peculiarities on the consent given by the known and unknown parties.
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    SOLUȚIONAREA LITIGIILOR COMERCIALE ELECTRONICE INTERNAȚIONALE
    (CEP USM, 2023) Cara-Rusnac, Aliona
    The paper briefly analyzes the issue of solving disputes arising from international e-commercial compare to the national e-commercial. The peculiarities of disputes arising from e-contracts varies taking into account the specific of the electronic legal relation the parties enter to: the parties do not know each other personally, they may not speak the same language, might come from different cultures, the lack of possibility to examine the qualities of the asset before procurement, the price for good usually is prepaid, the customer might incur other expenses such as transport and other taxes. It will be analyzed the types of the institutions that settle the disputes arisen from the electronic contracts and on the electronic platforms and the existing procedures. The challenges the parties face in choosing the applicable law to the dispute that arise from e-commercial electronic relation.
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    UNELE CHESTIUNI PRIVIND CALITATEA SUBIECTELOR CONTRACTELOR ÎNCHEIATE ÎN MEDIUL ONLINE
    (CEP USM, 2022-03-17) Cara-Rusnac, Aliona
    This study investigates the quality of subjects in civil legal acts in electronic form (electronic contracts, digital contracts, contracts concluded outside the commercial premises, etc.), and the chellenges they face in the execution of contracts concluded by subjects in civil legal relations distance (online format), relations established by professionals and by consumers, intermediaries, payment service providers, banking institutions. The judicial practice of the European Court will be discussed, and the national courts will be investigated on disputes concerning possible fraud involving pseudo-adults (minors indicating the wrong age), the consequences and risks of these legal acts concluded in electronic format (including online). Finally, they will discuss the particularities and recommendations regarding the quality of the subjects and other relevant aspects. Finally, the conclusions and recommendations regarding the subjects of the contracts concluded in the online environment will be stated.
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    OBIECTUL CONTRACTULUI ÎN MEDIUL ONLINE
    (CEP USM, 2020) Cara-Rusnac, Aliona