Facultatea de Drept / Faculty of Law

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Author: search.filters.author.Tatar, Olga

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    THE MAIN PROBLEMS OF INTERNATIONAL SUCCESSION LAW
    (CEP USM, 2024) Tatar, Olga
    International inheritance law is a set of norms regulating hereditary relations, which are directly related to the legal order of several states. Inheritance relations are a very “conservative” sphere of civil turnover, connected with moral ideas, family customs and established traditions in society. In such countries as: the USA, Canada, Australia, inheritance does not matter, but the liquidation of the property of the testator, which is carried out in the form of a separate procedure and under the direct control of the court. Upon completion of the personal administration procedure, the remaining property will be forwarded to the heirs. The opening of an inheritance is a legal fact, as a result of which inheritance relations are created.
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    STRENGTHENING TREATY STABILITY IN THE INTERNATIONAL LEGAL SPHERE
    (CEP USM, 2024) Tatar, Olga
    The presented article reveals the possibilities of strengthening contractual stability in the international legal sphere, in view of the fact that the main legal means by which the participants in the commercial turnover interact is a civil law contract. International commercial agreements mediate the international business activities of the parties and differ from similar internal transactions, as well as transactions that, although complicated by a foreign element, are concluded with the participation of the consumer.
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    THE CONTENTS OF UNNAMED CONTRACTS
    (Editura USM, 2024) Tatar, Olga; Mihalache, Iurie
    Any construction, whether named or unnamed, is a new model, consisting of various kinds of conditions and features that reflect the interests of society and the state as a whole. The peculiarity of the new contractual structure in the form of an unnamed contract is the presence of a definition of the subject of the legal relationship, along with the object, the subject, the essential and distinctive conditions of this contract, the rights and obligations of the parties, the procedure for concluding, changing and terminating the contract, the responsibility of the parties under the contract. At the same time, the contract is considered concluded when the parties have agreed on all the terms of the contract, without going beyond the generally known legal procedure.
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    LEGAL REGULATION OF CERTAIN TYPES OF UNNAMED CONTRACTS
    (Editura USM, 2024) Tatar, Olga
    To date, the topic dedicated to the institution of an unnamed contract in the civil law of the Republic of Moldova is relevant, however, due to little study, it remains open for comprehensive legal research. Whenever a question arises regarding the criteria for non-named contracts, the application of imperative and dispositive norms to them, the definition of the boundaries of freedom to conclude such contracts, the legislator faces difficulties, both at the level of doctrine and at the level of practice. The regulation of civil relations is possible not only through their consolidation in the normative order, but also through the individual consolidation of the contract between certain subjects, in a certain order and on certain conditions, since the subjects of civil circulation, guided by the principle of freedom of contract, They are free to conclude both stipulated and nonstatutory contracts. Such contracts are called nameless, atypical, unnamed, unnamed contracts. The conclusion of independent unnamed contracts is due to the fact that the subjects of civil legal relations have new needs associated with the growth of scientific and technological progress, the improvement of information networks in a competitive environment. The reason for all this was the evolution of the economic life of the Republic of Moldova and its transition from administrative methods of managing the economy to the principles of a market economy, which entailed the entire civil turnover and, subsequently, the modern contractual forms that arose.
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    CONTENT AND FUNDAMENTAL PRINCIPLES OF PRIVATE INTERNATIONAL LAW
    (Print-Caro, 2023-03-15) Tatar, Olga
    Private international law is such an effective branch of law that it regulates private law relations, property and related non-property, regardless of their subject area, aimed at meeting the needs of modern society that arise in the international space. Consequently, the subject of private international law are relations aimed at establishing the rule of law of two or more states, as a result of the established property and personal non-property rights and interests between individuals. The principles of International Private Law are recognized as generalized legal regulations governing various relations in the field of International Private Law.
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    INTERNATIONAL PROPERTY LAW
    (Print-Caro, 2023-03-15) Tatar, Olga
    Property law is a set of legal rules governing such property relations in which authorized persons can exercise their rights to property (things) without the need for positive actions of other persons. The acquisition and termination of ownership and other real rights to property are determined by the law of the state in whose territory the property was located or was located at the time of the action. The signs of property rights are: a) Property rights are provided for by civil law. b) The right in rem is an absolute right, namely, in the event of a collision between its owner and an unlimited number of subjects on whom the obligation is assigned, the rights of the bearer of the right in rem are not violated. c) The right of ownership accompanies a thing as a result of its transfer to other persons, the so-called right of inheritance. If the owner of a thing withdraws from possession of the thing against his will, he still remains the owner and is not even deprived of the right to reclaim the thing from someone else’s illegal possession. d) Property rights are preferential rights; in case of contradictions between property and liability rights, priority will be on the side of property rights. e) The object of property rights are individually defined things. The central institution of property law is the right of ownership. The legal content of property relations is manifested through a set of subjective exclusive rights of the owner, through the triad of the following components: possession, use and disposal. The owner of a thing has the right to dispose of the thing at his own discretion and not to allow any influence on the thing by other persons.
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    INTERNATIONAL CONTRACT LAW
    (Print-Caro, 2023-03-15) Tatar, Olga
    International contract law is a constituent institute of the Special Part of the International Criminal Law. The term "international contractual law" is used in foreign literature. Any private transaction permitted by national law may be affiliated with a foreign legal order. Close connection with the legal systems of two or more states" acts as a qualifying feature of a transaction of an international nature. The essence of such contracts is that they concern the legal field of two or more states, when internal contracts concern the legal field of one state. Contracts of an international nature have a one-time, non-permanent nature, without affecting international trade. International commercial contracts are the foundation of international trade, the connecting link of world trade. Based on the above, it can be established that Private International Law is such an effective branch of law that regulates private law relations of a property and non-property nature related to them, regardless of their subject area, aimed at meeting the needs of modern society arising in the international space. Consequently, the subject of private international law is relations aimed at establishing the legal order of two or more states, as a result of the established property and personal non-property rights and interests between private persons (non-sovereign entities). Legal custom has been a constant companion of the formation of law for many centuries, carrying with it the motto: "this is how everyone treated us". For joint existence, establishing the limits of what is permissible, norms were drawn up - strict rules of behavior that allowed controlling the activities of various social groups. These norms - rules reflected the interests and values of people, which connected individuals with society and at the same time established the boundaries of proper behavior of an individual or a social group.