Instituția rezervei proprietății în legislația civilă uzuală a Republicii Moldova: natura juridică și esența

Abstract

The article reflects the institution of the reservation of ownership in the civil legislation of the Republic of Moldova following the modernization of the Civil Code. In particular, it highlights theoretical and practical issues in the correct application of this legal institution, as well as scientific analysis aimed at its improvement. The subject of the research concerns the theoretical and practical issues related to the reservation of ownership in the context of sales contracts and other property transfer contracts. The aim of the research is to provide a comprehensive examination of the legal issues that may arise in the practice of applying the institution of the reservation of ownership, based on theoretical research and empirical materials. Additionally, it seeks to formulate proposals for legislative improvements to enhance the existing legal framework, helping both individuals and legal entities, as well as courts, to correctly apply this new institution. This objective determines the originality and scientific novelty of the research. The results of the study can be used in scientific research activities, as well as in the theoretical and practical education of students in higher educational institutions with legal profiles in the Republic of Mol-dova, and in the courts when resolving civil cases. The study employs several research methods, including: historical method, analytical method, comparative method, logical method, and normative method. The main results obtained include establishing the essence of the reservation of ownership based on the applicable legal norms of the Civil Code of the Republic of Moldova, as well as the theoretical definition of this specific means of ensuring the performance of property transfer obligations.