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Articolul precedent |
Articolul urmator |
890 8 |
Ultima descărcare din IBN: 2024-01-24 10:24 |
SM ISO690:2012 CHIRTOACĂ, Leonid. Evoluția și dezvoltarea dreptului de proprietate în contextul consolidării sistemului legislativ al Republicii Moldova
cu legislația Uniunii Europene
. In: Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale, 2012, nr. 1, pp. 44-56. ISSN 1857-1999. |
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Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale | ||||||
Numărul 1 / 2012 / ISSN 1857-1999 /ISSNe 2345-1963 | ||||||
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Pag. 44-56 | ||||||
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National and geopolitical interests of the Republic Moldova determine the necessity of integration of the state into European family, and this irreversible process can't be isolated from the European cultural and legal space. The European integration provides the establishment of common legal institutions, including uniform standards concerning the institution of ownership. Despite the fact that that during the recent years an apportion of national legal system to the European system of law becomes more obvious, the reality still indicates the existence of a large number of gaps in the field of understanding and interpretation of institutes of civil law, procedure and methods of regulation of the property rights. All aforesaid should be considered as a litmus test that certificates the existence of unfortunate results which have grown out of numerous complaints and appeals, addressed by citizens and legal persons of our state to the European Court of Human Rights.
The current legislation of the Republic Moldova in the field of property, in particular, the Land Code which has laid the foundation of private ownership of land, made a strong impact on the further development of land market relations, does not meet the requirements of the time. Nowadays, a new socio-economic environment and new land relations are not regulated by the Land Code. Despite the fact that, the given legal act had passed the procedure of modifications, though its basic purpose wasn’t reached. In this context it's necessary to notice that the emerging situation can be corrected only by the adoption of new legislation, based on more effective principles, corresponding to last aspirations of the Republic Moldova concerning the European integration.
In our opinion it is necessary to encourage a formation of new principles of law, new legislation, in particular, the new Land Code, which would stipulate besides the existing obsolete norms the adoption of new methods of appropriation and alienation of land. We consider that it is important to adopt a more developed and modern features of regulatory procedures for acquiring the right to land by EU citizens. Unification of the regime of private property will contribute substantially to the favorable development of economic relations and entities belonging to different legal systems. We consider that this unification will lead to the resolution of the existing problems and creation of uniform humanitarian space, with uniform values and protection mechanisms. |
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