Facultatea de Drept / Faculty of Law

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    Standarde cu privire la ocrotirea intereselor minorului, cuprinse în legea nr. 66/2017 cu privire la modificarea și completarea unor acte normative [Articol]
    (CEP USM, 2023) Băieșu, Sergiu
    With the entry into force of the amendments and additions made by Law 66/2017, we are going to affirm that the paradigm regarding the capacity of the natural person has been changed. Thus, at present we are no longer in the presence of natural persons lacking exercise capacity, being granted a high level of protection of the natural person. The need for such changes was also dictated by the accession of the Republic of Moldova to the UN Convention on the Rights of Persons with Disabilities of December 13, 2006. In principle, the texts of the UN Convention impose a paradigm shift: from the lack of exercise capacity to the granting of a capacity as wide as possible for people with disabilities. In particular, the Convention calls on the signatory States to replace the decision-making substitution regime with a decision-making support regime.
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    Buna-credinţă – principiu fundamental al dreptului civil [Articol]
    (CEP USM, 2020) Băieșu, Sergiu
    The current version of the Civil Code uses the term „good faith” about 100 times. But the choice of this topic was not dictated solely by the fact that the new regulations in the Civil Code pay greater attention to good faith. The term good – faith does not have the same meaning, the Civil Code using it as a principle, but also as a presumption. The doctrine also holds the idea that good faith is both a presumption and a principle of civil law. Some authors argue that good faith is to be analyzed in an objective and subjective sense. In the following, we will be concerned about the principle of good faith in binding law which can rightly be attributed after 1 March 2019 to the basic principles of civil law.