Facultatea de Drept / Faculty of Law

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Author: search.filters.author.Josanu, IlonaSubject: search.filters.subject.Court

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    ELIBERAREA ORDONANȚEI JUDECĂTOREȘTI ÎN TEMEIUL PRETENȚIEI CE REZULTĂ DIN NERESTITUIREA CĂRŢILOR ÎMPRUMUTATE DE LA BIBLIOTECĂ
    (CEP USM, 2024-11-07) Creţu, Vasile; Josanu, Ilona
    În this article the authors analyse the civil procedural conditions for the release of the court order on the basis of the claim resulting from the non-return of books borrowed from the library. The authors follow the goal to state the material-procedural conditions for the release of the court order in these cases examined based on the claim filed by the creditor under the writ proceedings, state the documents which will be necessary to be attached by the creditor to his/her claim as well as debate on types of claims which cannot be filed by the creditor on this basis under the writ proceedings. Following the performed analyses through applied synthesis, deduction and compared analyses of the national normative framework, the authors propose amendments to letter h) of Art. 345 of the Civil procedure code of the Republic of Moldova.
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    CU PRIVIRE LA OPORTUNITATEA MENȚINERII PROCEDURII ÎN ORDONANŢĂ ÎN LEGISLAȚIA PROCESUALĂ CIVILĂ ACTUALĂ
    (CEP USM, 2024-11-07) Josanu, Ilona
    In this article the author reflects on the opportunity to continuous maintaining of the writ proceedings under the conditions of the current civil procedural laws, given the last changes made to it, including the insertion of the small claims procedure to the content of the Civil Procedure Code of the Republic of Moldova. The author follows the goal to state the social need to maintain the writ proceedings through its applied value and also the internation legislation framework, proven applicability as well its advantages compared to the small claim procedure. Following the performed analyses through applied synthesis and compared analyses of the writ proceedings and small claim procedure, the author highlights the importance of maintaining the writ procedure and its applied value for individuals.