Facultatea de Drept / Faculty of Law
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Item DEGREVAREA DE PROBAŢIUNE ÎN TEMEIUL FAPTELOR UNANIM CUNOSCUTE (DE NOTORIETATE PUBLICĂ)(2007) Chifa, Felicia; Cojuhari, AlexandruAs a first condition of justice there appears the necessity to ascertain by the Court the de facto circumstances that took place before the case opening, while its cognizance can be realized through the probation activity. In the procedural legislation of Republic of Moldova and of the other states there are facts that, even they are part of the probation object, which do not need to be proved. Thus, the Court of Justice can consider certain facts as ascertained without submitting them to probation, if they are well known facts. At the same time, the procedural legislation that is reported on the subject is incomplete and needs to be made up with special provisions that will assure the correct interpretation and the uniform application of the well known facts. Nevertheless, it will facilitate the ascertained fact activity of the important circumstances for a fair solution of the civil cases, will encourage their judgment in reasonable terms and will reduce expenses met by the state and by the participants.Item PARTICULARITĂŢILE PROBAŢIUNII FAPTELOR NEGATIVE ÎN PROCESUL CIVIL(2009) Chifa, FeliciaItem REALIZAREA PRINCIPIULUI ÎNFĂPTUIRII JUSTIŢIEI NUMAI DE CĂTRE INSTANŢELE DE JUDECATĂ LA FAZA REVIZUIRII HOTĂRÂRILOR JUDECĂTOREŞTI(2007) Coban, Igor; Crețu, VasileThe 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.Item CAUZELE ERORILOR JUDICIARE LA FAZA DE JUDECARE(2009) Lesnic, Cristina; Roman, DumitruRendre la justice est une tâche difficile et lourde de conséquences, c’est la raison pour laquelle l’instance judiciaire à qui incombe cette mission, doit présenter le maximum de garanties pour réduir le risque d’erreur. Les conséquences des erreurs judiciaires peuvent être irréversibles. La justice n’a pas d’autres solutions que d’allouer des dommages et intérêts à ses victimes.Item ПРИЗНАНИЕ НАСЛЕДСТВА ВЫМОРОЧНЫМ. ОКОНЧАНИЕ. НАЧАЛО В НОМЕРЕ 10(2008) Крецу, ВасилийOwing to article 1515 of the civil code hereditary property carries over the state. The necessity of transition of property in the state property is caused by the necessity to provide stability of civil turn properties. In the article the author investigates the features of procedure of acceptance of the inheritance of the state. Offer legislation changes on this point in question, its harmonisation, and also investigates the practical application of the legislation existing at present.Item ПРИЗНАНИЕ НАСЛЕДСТВА ВЫМОРОЧНЫМ(2008) Крецу, ВасилийOwing to article 1515 of the civil code hereditary property carries over the state. The necessity of transition of property in the state property is caused by the necessity to provide stability of civil turn properties. In the article the author investigates the features of procedure of acceptance of the inheritance of the state. Offer legislation changes on this point in question, its harmonisation, and also investigates the practical application of the legislation existing at present.Item ПРЕДПОСЫЛКИ И УСЛОВИЯ РЕАЛИЗАЦИИ ПРАВА НА ВОЗБУЖДЕНИЕ ДЕЛ О ПРИЗНАНИИ ФИЗИЧЕСКОГО ЛИЦА ОГРАНИЧЕННО ДЕЕСПОСОБНЫМ ИЛИ НЕДЕЕСПОСОБНЫМ(2008) Крецу, ВасилийThe Constitution of the Republic Moldova determined and guaranteed principle liberty access to justice form realization protection of the violations rights and liberties personality. This principle find his application in examination civil procedure. This article describe one of the most important problem before preconditions and conditions realizations of the right on excitation of affairs about a recognition the physical person it is limited capable or incapacitated. This problem is not discover in full measure in scientist’s works. Author propose opinion for solution this question and give definition at object.Item РЕШЕНИЕ СУДА ПО ДЕЛАМ О ПРИЗНАНИИ ЛИЦА ОГРАНИЧЕННО ДЕЕСПОСОБНЫМ ИЛИ НЕДЕЕСПОСОБНЫМ(2009) Крецу, ВасилийJudgement on a civil case s the culmination of realisation of justice. Importance of a judgement it is considerable it serves problems of protection of interests concrete physical and legal persons and also interests of a society and the state. In a judgement the imperious instruction contains based on norm of the right. In given article the author investigates features of a judgment on cases about a recognition of the person is limited capable or incapacitated. Studies features of a judgement on the given category of cases as document of justice and as remedial document.Item РЕАЛИЗАЦИЯ СУДЕБНЫХ РЕШЕНИЙ О ПРИЗНАНИИ ЛИЦА ОГРАНИЧЕННО ДЕЕСПОСОБНЫМ ИЛИ НЕДЕЕСПОСОБНЫМ(2009) Крецу, ВасилийThe decision of judicial instance on a civil case become to the definitive is subject to execution. In the given publication it will be a question about execution the decision of judicial instance about a recognition of the person it is limited capable or incapacitated. Given article the author marks importance of execution the decision the given group of civil cases. Pays attention of the reader on feature of procedure of execution above-stated the decision, and also states offers on harmonisation of legislative base which regulates execution the decision on cases about a recognition of the person is limited capable or incapacitated.Item ПОДГОТОВКА ДЕЛ ОБ ОГРАНИЧЕНИИ ДЕЕСПОСОБНОСТИ И ПРИЗНАНИИ НЕДЕЕСПОСОБНОСТИ ФИЗИЧЕСКОГО ЛИЦА К СУДЕБНОМУ РАЗБИРАТЕЛЬСТВУ(2008) Крецу, ВасилийThe right to the reference in court takes the important place among other rights. Any person has the right to address when due hereunder to address in court for protection of the broken rights and freedom. Litigation on a civil case can be begun only on the basis of the statement of claim submitted by the interested person. This articol consacred to persons who by virtue of the law have the right to address in court for a recognition of the physical person incapacitated.