Facultatea de Drept / Faculty of Law

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    Possibilities of using digital technologies in the field of private law [Articol]
    (CEP USM, 2024) Getmantseva, N.D.; Protskiv, N.M.
    In the report it is proved that the modern period of social development, reflected in the system of reforms of a political, economic, and social nature, requires the adaptation of legal problems that will arise on the one hand when using digital technologies, taking into account the advantages in the economic sense, on the other - guaranteeing with the help of the entire civil-law toolkit effective protection for the realization of property and personal non-property rights. It was stated that not the last role in this should be played by the state, whose task, in the form of legislative bodies, is the formation of new civil law structures in such a way that they can naturally correlate (combine) with the basic elements of the mechanism of civil law regulation, that is, in the legislative process it is necessary to use balanced paradigm of balance and flexibility.
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    Unele chestiuni privind calitatea subiectelor contractelor încheiate în mediul online [Articol]
    (CEP USM, 2022-03-17) Cara-Rusnac, Aliona
    This study investigates the quality of subjects in civil legal acts in electronic form (electronic contracts, digital contracts, contracts concluded outside the commercial premises, etc.), and the chellenges they face in the execution of contracts concluded by subjects in civil legal relations distance (online format), relations established by professionals and by consumers, intermediaries, payment service providers, banking institutions. The judicial practice of the European Court will be discussed, and the national courts will be investigated on disputes concerning possible fraud involving pseudo-adults (minors indicating the wrong age), the consequences and risks of these legal acts concluded in electronic format (including online). Finally, they will discuss the particularities and recommendations regarding the quality of the subjects and other relevant aspects. Finally, the conclusions and recommendations regarding the subjects of the contracts concluded in the online environment will be stated.