Facultatea de Drept / Faculty of Law

Permanent URI for this communityhttps://msuir.usm.md/handle/123456789/6

Browse

Author: search.filters.author.Coban, Igor

Search Results

Now showing 1 - 10 of 14
  • Thumbnail Image
    Item
    FORMULAREA ȘI DEPUNEREA CERERII PRIVIND ÎNAPOIEREA COPILULUI ÎN STATUL REȘEDINȚEI SALE OBIȘNUITE ȘI CEA PRIVIND EXERCITAREA DREPTULUI DE VIZITARE A COPILULUI. INSTANȚELE COMPETENTE ȘI AUTORITĂȚILE CU ATRIBUȚII ÎN MATERIE
    (CEP USM, 2024-11-07) Coban, Igor
    The Convention on the Civil Aspects of International Child Abduction, draf- ted in The Hague on October 25, 1980, and Chapter XXV1 of the Code of Civil Procedure of the Republic of Moldova, establishes a contemporary and efficient mechanism for resolving cases aimed at counteracting the consequences of the phenomenon of international civil child abduction. This requires the creation of clear and efficient procedural mechanisms to maximize the effectiveness of this instrument, as the best interest of the child is at stake. In this regard, the request initiating the procedure for the return of the child to their habitual residence state and the request concerning the exercise of the right to visit the child involve several particularities, which necessitate the detailing of these formal and substantive requirements through a clear presentation. These substantive requirements for such categories of requests are intended to assist the competent authorities in promptly resolving such cases.
  • Thumbnail Image
    Item
    REALIZAREA PRINCIPIULUI ÎNFĂPTUIRII JUSTIŢIEI NUMAI DE CĂTRE INSTANŢELE DE JUDECATĂ LA FAZA REVIZUIRII HOTĂRÂRILOR JUDECĂTOREŞTI
    (2007) Coban, Igor; Crețu, Vasile
    The revising of a civil judicial decision is not only a way of appealing a judicial act, but it is also a way of exerting the civil justice. And as part of the civil procedural system the revising of a civil judicial decision interacts with all its parts, including the fundamental principles of civil procedural law. Therefore, it is important to see the forms and the essence of the way the principle of exerting the civil justice only by courts is realized in the stage of revising of judicial decisions as a component part of: civil procedure and in accordance with the goals of the civil justice.
  • Thumbnail Image
    Item
    IMPORTANȚA ȘI CONȚINUTUL TERMENELOR ÎN PROCESUL CIVIL
    (2013) Coban, Igor; Crețu, Cornel
    Termenul de procedură constituie acel interval de timp înăuntrul căruia trebuie îndeplinite acte de procedură. Pentru procesul de înfăptuire a justiției, termenele de procedură au o semnificație primordială, dat fiind faptul că aceasta reprezintă nu numai o formă de organizare a procesului civil în dimensiunea timpului, dar și o condiție de valabilitate a actelor de procedură. Astfel, aplicarea termenelor de procedură reprezintă nu doar o sarcină a procesului civil, ci și o garanție a unui proces echitabil. Iar cunoașterea esenței termenelor de procedură reprezintă chezășia unui act judecătoresc întemeiat și legal.
  • Thumbnail Image
    Item
    DETERMINAREA REȘEDINȚEI OBIȘNUITE A COPILULUI POTRIVIT CONVENȚIEI ASUPRA ASPECTELOR CIVILE ALE RĂPIRII INTERNAȚIONALE DE COPII DE LA HAGA DIN 25 OCTOMBRIE 1980
    (CEP USM, 2024) Coban, Igor
    The Hague Convention on the civil aspects of international child abduction of 25 October 1980 represents a viable mechanism for the situation of returning children to their country of origin in the event of an international abduction. The goal of present study is to reveal the meaning and essence of the concept of ”child`s habitual residence” in order to disclose the procedural particularities of the instruments provided by the HCCH 1980 Child Abduction Convention, so that the interest of the children’s, which seeks protection from the harmful effects of wrongful removal and retention across international boundaries, were protected efficiently. In this regard, present study proceeded to identify the defining criteria of ”child`s habitual residence” through HCCH 1980 Child Abduction Convention, the detailed analysis of interpretation of High International Courts, such as: European Court of Human Rights and European Court of Justice, through its cases. No less important attention was paid to internal regulations by analyzing the relevant provisions of the Civil Code of the Republic of Moldova in determining the notion of the child`s usual residence.
  • Thumbnail Image
    Item
    PERSPECTIVELE LICITAȚIEI ELECTRONICE ȘI PARTICULARITĂȚILE CONTESTĂRII
    (CEP USM, 2020) Coban, Igor; Cotorobai, Radu
    Forced execution is one of the fundamental institutions of civil procedure and an important component of justice in a state ruled by the rule of law. In the absence of coherent, clear, flexible and rapid enforcement procedures that guarantee the effective execution of the enforceable title, the party would be unable to enjoy the process, thus giving the creditor only theoretical and illusory rights. Thus, one of the possibilities to achieve these desires is to create the technical and normative conditions for the sale of the seized goods during the forced execution at the electronic auctions organized in the Internal network in live regime. Topic we have addressed in this paper. In order to illustrate the most important advantages of the electronic auction over the classical auction and to analyze the most relevant examples of good practices in this regard.
  • Thumbnail Image
    Item
  • Thumbnail Image
    Item
  • Thumbnail Image
    Item
    EXAMINAREA CONTESTAȚIEI LA EXECUTARE: ÎN LIPSA SAU CU PREZENȚA PARTICIPANȚILOR LA PROCES
    (CEP USM, 2020) Coban, Igor
    With the entry into force of Law no. 17/2018, art. 269 para. (4) of the CCP has established (I) the general rule according to which the cases related to the enforcement procedure - are examined individually, without summoning the participants to the trial; and (II) the exception from this rule, according to which - in cases where the judge considers the presence of the participants at the trial to be necessary, he / she shall cite them accordingly. Therefore, considering that the involvement of the court in the forced execution procedure takes several forms and roles, such as: the exercise of attributions characteristic to an enforcement body, the resolution of incidents that occurred during the execution procedure or the control of the legality of the acts, the actions and / or inactions of the judicial executor (the complaint on execution), and, that the rule and the exception provided in art. 269 para. (4) CCP has an excessive general character. In this study we set out to analyze the situations in which the court could or should make use of the exception in the cases regarding the examination of the complaint on execution.
  • Thumbnail Image
    Item
  • Thumbnail Image
    Item
    EXAMINAREA CONTESTAȚIEI LA EXECUTARE: ÎN LIPSA SAU CU PREZENȚA PARTICIPANȚILOR LA PROCES
    (Tipografia Artpoligraf, 2020) Coban, Igor
    With the entry into force of Law no. 17/2018, art. 269 para. (4) of the CCP has established (I) the general rule according to which the cases related to the enforcement procedure - are examined individually, without summoning the participants to the trial; and (II) the exception from this rule, according to which - in cases where the judge considers the presence of the participants at the trial to be necessary, he / she shall cite them accordingly. Therefore, considering that the involvement of the court in the forced execution procedure takes several forms and roles, such as: the exercise of attributions characteristic to an enforcement body, the resolution of incidents that occurred during the execution procedure or the control of the legality of the acts, the actions and / or inactions of the judicial executor (the complaint on execution), and, that the rule and the exception provided in art. 269 para. (4) CCP has an excessive general character. In this study we set out to analyze the situations in which the court could or should make use of the exception in the cases regarding the examination of the complaint on execution.