THE CONTRACT FOR THE BENEFIT OF A THIRD PERSON. DEFINING ASPECTS AFTER THE MODERNIZATION OF THE CIVIL CODE OF THE REPUBLIC OF MOLDOVA

2021 ◽  
pp. 133-141
Author(s):  
Sergiu Baiesu ◽  
◽  
Ludmila Beliban-Ratoi ◽  
Keyword(s):  
Civil Code ◽  
Republic Of Moldova ◽  
Practical Necessity ◽  
Third Person ◽  
The Subject ◽  
Legal Construction ◽  
The Republic ◽  
Theoretical Dimension

The contract for the benefit of a third person is that atypical and absolutely impressive legal construction that has struggled to make its place in the laws of many states. The regulation of this type of contract was catalyzed by the practical necessity generated by the jurisprudence. This study represents an exemplary synthesis of the doctrinal-theoretical dimension of the contract issue for the benefit of a third person after the modernization of the Civil Code of the Republic of Moldova. The practical aspects of the contract for the benefit of a third person are also approached, and a particularly important aspect is the analysis of the subject approached in the light of the new regulations of the Civil Code of the Republic of Moldova.

scholarly journals Legal construction of the superficies until the modernization of the civil code of the Republic of Moldova and the background which lead to the amendment of the civil code

2021 ◽  
pp. 14-18
Author(s):  
Constanta Obada ◽  
Keyword(s):  
Real Estate ◽  
Civil Code ◽  
Practical Application ◽  
Republic Of Moldova ◽  
Local Literature ◽  
Legal Construction ◽  
The Republic ◽  
The Right ◽  
Over Time

The purpose of this paper is to highlight the issues related to the clarification of the essence and legal construction of the surface right/ superficies, as initially regulated by the Moldovan legislator (until 01.03.2019), due to the fact that in the local literature there were different opinions with reference to this subject, which, consequently, led to the equivocal interpretation of the norms of law in the same matter, and this interpretation, respectively, offered different solutions of practical application of the norms regarding the institution of superficies. Thus, in this paper was analyzed the evolution of the right of superficies over time and highlighted the premises that led to the change of several rules governing the institution of superficies, but also the concept of real estate, in general.

scholarly journals Ethnic peculiarities of fairy tale folklore of the bulgarians from Moldova as an element of traditional culture in a regional manifestation

2021 ◽  
Author(s):  
Nadejda Cara ◽  
Keyword(s):  
Fairy Tales ◽  
Interdisciplinary Research ◽  
Fairy Tale ◽  
Traditional Culture ◽  
Structural Features ◽  
Ethnic Culture ◽  
Republic Of Moldova ◽  
The Subject ◽  
The Republic ◽  
Different Levels

The article presents some research approaches to the fairy-tale folklore of Bulgarians from the Republic of Moldova. According to the author, the fairy-tales texts of Bulgarians from the Republic of Moldova, their semantic, symbolic, and structural features should be researched as a local (regional) variant of Bulgarian folklore. Identification of ethnocultural markers in the fairy-tales of local Bulgarians on some different levels (such as on the subject, ethno-social and spiritual (church-religious) level) will allow to identify some peculiarities in the adaptation process of Bulgarians that migrated to a new ethnocultural zone, as well as to identify the level of preservation of basic ethnic mentality under the conditions of new “mental environment”. Thus, the study of regional ethnic culture is an interdisciplinary research, which allows discovering how localization in time and space affects ethnic culture, in general, and oral folk art, in particular.

scholarly journals Features of Legal Regulation of the Circulation Order of Gift Certificates

2019 ◽  
pp. 72-80
Author(s):  
Avak Vartanian
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Advance Payment ◽  
Foreign Countries ◽  
The Gift ◽  
The Usa ◽  
The Subject ◽  
The Republic ◽  
Gift Certificate

The article analyzes the novels of the legislation of the Republic of Belarus concerning the procedure for using gift certificates when selling goods (performance of works, rendering services). It has been done a comparative analysis of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus, Ukraine and some foreign countries (Canada, the USA). The author raises some problems concerning the use of a gift certificate in civil circulation. It is pointed out that there is uncertainty both in the theory of civil law and at the level of legislative regulation regarding the civil law nature of a gift certificate. It is noted that the analysis of the legislation in force in the Republic of Belarus allows us to define a gift certificate as a document certifying the property right (requirement) of its holder (bearer) to receive goods (works, services), and the amount of money contributed when purchasing a gift certificate, as advance payment (advance payment). At the same time, such an approach of the legislator is criticized due to the fact that there is a clear contradiction to the requirements of Art. 402 of the Civil Code of the Republic of Belarus, from the content of which it follows that the advance payment presupposes the existence of a contract in which the subject has been agreed, which is not typical of most gift certificates, due to the fact that they do not contain an indication of the subject of the contract. Having done the analysis of the civil legislation of Ukraine, the author makes a conclusion that there is application of the rules on a purchase agreement to gift certificates, the subject of which may be property rights in accordance with the Civil Code of Ukraine. The conclusion is made about the imperfection of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus and Ukraine, as well as about the complex legal nature of the gift certificate, regarding which legal regulation should be more universal, defining a gift certificate as an independent object of civil legal relationship.

scholarly journals Some aspects of the study on the species Phacelia tanacetifolia Benth. as honey plant in the Republic of Moldova

2021 ◽  
Vol XII (2(21)) ◽  
Author(s):  
Natalia Cirlig ◽  
◽  
◽  
Keyword(s):  
Growing Season ◽  
Climatic Conditions ◽  
Germination Capacity ◽  
Republic Of Moldova ◽  
Development Cycle ◽  
The Subject ◽  
The Republic ◽  
Viable Seeds ◽  
Short Growing Season ◽  
Phacelia Tanacetifolia

Phacelia tanacetifolia Benth., which is a species with high potential as forage and honey plant, served as the subject of a new study. The species is characterized by short growing season, staggered and long flowering period (about 55 days depending on the climatic conditions and the date when it was sown). Under laboratory conditions, the germination capacity of the seeds is 84-92 %. The climatic conditions of the Republic of Moldova allow P. tanacetifolia plants to complete the whole ontogenetic development cycle – they bloom, bear fruit and produce viable seeds.

scholarly journals MODERN ASPECTS OF FORENSIC ECONOMIC EXAMINATION IN THE REPUBLIC OF MOLDOVA

2021 ◽  
Author(s):  
V. Gurin ◽  
S. Lupu ◽  
I. Lopatenko
Keyword(s):  
General Theory ◽  
Republic Of Moldova ◽  
Forensic Examination ◽  
New Type ◽  
Special Knowledge ◽  
The Subject ◽  
The Republic ◽  
Methodological Aspects

The article deals with the legal and methodological aspects of conducting economic and financial forensic examination in the Republic of Moldova, including the main tasks and issues solved by these types of forensic examinations, as well as a new type of forensic examination: engineering and economic. In this article, it is emphasized that the purpose of the general theory of economic and financial forensic examination in the Republic of Moldova is, first of all, to systematize the categories of all types of economic and financial forensic examinations accumulated to date in the Republic of Moldova. The concept of the subject of examination, objects of research, expert tasks, special knowledge of an expert, the concept of expert competence and competence, technology of expert research and many others.

REFLECTIONS ON THE SUBJECT OF THE INFLUENCE PEDDLING (ART. 326 CRIMINAL CODE OF THE REPUBLIC OF MOLDOVA)

2021 ◽  
pp. 122-132
Author(s):  
Vadim Movileanu ◽  
Keyword(s):  
Criminal Code ◽  
Republic Of Moldova ◽  
Public Figures ◽  
Special Part ◽  
Penal Law ◽  
Penal Liability ◽  
The Subject ◽  
The Republic ◽  
Objective Side ◽  
Public Person

This analysis focuses on one of the most complex and actual issues of the Special Part of the Penal Law: the penal liability for influence peddling, particularly the subject in the case of offenses of the influence peddling and the purchase of influence. In this sense, the subject of the crime provided in paragraph (1) article 326 of the Criminal Code of the Republic of Moldova is addressed in detail, which must be a person who has influence or who claims to have influence over a public person, persons with public dignity, foreign public figures or an international official. Thus, a person who has no influence or who does not claim to have influence over a public person, a person with a position of public dignity, foreign public figures or an international official can only contribute - through complicity, organization or instigation - upon execution of the objective side of the crime specified in paragraph (1) article 326 of the Criminal Code of the Republic of Moldova.

scholarly journals Assessment of teachers' health in relation to working conditions

2021 ◽  
Vol 64 (5) ◽  
pp. 51-55
Author(s):  
Dumitru Cheptea ◽  
Keyword(s):  
Risk Factors ◽  
Subjective Assessment ◽  
Educational Institutions ◽  
Prevention Measures ◽  
Self Assessment ◽  
Republic Of Moldova ◽  
The Subject ◽  
Common Risk Factors ◽  
The Republic ◽  
Type Of Institution

Background: Teaching in schools has been defined as the profession with the most diverse risk factors that affect health. With almost 48000 people currently working in educational institutions, teachers make up the largest occupational group in the Republic of Moldova. Material and methods: The study involved 519 teachers from pre-university educational institutions. For the self-assessment of the health status, a questionnaire was created which was applied online. The subjective assessment was performed by researching the entries in the medical cards. Results: The majority of respondents were women (91.4%), with a mean age of 45.6±7.5 years and a working experience of 22.9±3.2 years. In 75.7% of them health is satisfactory, only 3% have serious health problems and would require hospitalization. In 35.8% of cases, the presence of chronic diseases is registered, their top being led by diseases of the gastrointestinal tract (33.8%), the cardiovascular system (29.2%) and endocrine (27.2%). The most common risk factors mentioned were: high levels of stress (53.5%); increased number of tasks (23.4%); lack of support from family and colleagues (22.9%). Conclusions: The health of teachers is influenced by a variety of risk factors. There were no correlations between the type of institution and the subject taught, which highlights the importance of studying the influence of factors in the occupational environment and the development of prevention measures.

CASES OF CONVERSION OF THE CIVIL LEGAL ACT IN SUCCESSION MATTERS

2021 ◽  
pp. 10-20
Author(s):  
Sergiu Baiesu ◽  
◽  
Mariana Sargarovschi ◽  
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Republic Of Moldova ◽  
The Republic

The conversion as a way of correcting the causes of nullity of the civil legal act, which consists in capitalizing in a transformed manner the manifestation of valid will expressed in a civil legal act struck by nullity in a subsequent civil legal act, has applicability in various matters of civil law. This paper focuses on the identification and analysis of conversion hypotheses in the field of succession reflected in the doctrine, but also in the Civil Code of the Republic of Moldova. Thus, the author noted that a privileged will struck by nullity may be converted into a holographic will, that the act of alienation of the succession property struck by nullity may be converted into tacit acceptance of the succession and that the act of alienation of the object of the bequest struck by nullity will be able to be converted into revocation of the bequest.

scholarly journals Place of committing the offensesprovided by the art. 264 of the criminal code of the Republic of Moldova

2021 ◽  
Author(s):  
Nicolae Postovanu ◽  
Keyword(s):  
Criminal Code ◽  
Concrete Case ◽  
Republic Of Moldova ◽  
Operational Safety ◽  
The Subject ◽  
The Republic ◽  
Safety Rules

In the case of the offenses provided by the art. 264 of the Criminal Code of the Republic of Moldova, the place of committing determines the spatial limits of action of transport traffic or operational safety rules. As a result, in order to determine in a concrete case whether the art. 264 of the Criminal Code can be applied, it is necessary to determine the spatial limits of action of the concrete transport traffic or operational safety rules, which are violated by the subject. These limits are established in the normative acts referred to in art. 264 of the Criminal Code.

scholarly journals Revitalization of Moldovan alivanca: traditions and preparation experiences

2021 ◽  
Author(s):  
Coralia Babcenco ◽  
◽  
Viorica Cazac-Scobioala ◽  
Olga Alcaz ◽  
Eugenia Covaliov ◽  
...  
Keyword(s):  
Subject Matter ◽  
Large Scale ◽  
Cattle Breeding ◽  
Republic Of Moldova ◽  
Scale Range ◽  
The Subject ◽  
The Rich ◽  
The Republic ◽  
National Cuisine ◽  
In The Mists

Moldovan cuisine is a real treasure with tasty miracles, where the hearty soul of our people rules. These are the dishes generously and proudly served to all guests, who want to get familiarized with our country and culture. Moldovan cuisine is a part of the culture of the Republic of Moldova. Its diversity is due to the rich natural opportunities of our country. Grapes, fruit, vegetables, cattle breeding and aviculture – all such riches are successfully used in national cuisine. If speaking about traditional cuisine, we cannot but mention such dishes as Moldovan cozonac (sweet leavened bread), Moldovan pasca (Easter bread), sarmale (stuffed grape leaves or stuffed cabbage), zeama de gaina (sour chicken soup), alivanca (custard tart), Moldovan turta (cake), turta cu mac (poppyseed cake), and so on. The traditional dishes of the Republic of Moldova, which were forgotten in the mists of time, are the subject-matter of interest in this thesis paper, since they are less studied but still very valuable. The realized onsite study allowed us stating the existence of a large-scale range of recipes of alivanca, i.e. a peasant dessert, which is specific to Moldova, including: custard tart with sheep cheese (branza), custard tart with whey cheese (urda), custard tart with pork rinds (jumari), custard tart with dill and bunch onion, custard tart with nettle, custard tart with stevia, custard tart with garden orache, custard tart with chervil, custard tart with pumpkin, sweet custard tart.

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