{"title":"一般胜任力——民事权利抗辩形式存在的前提","authors":"Alexandru Prisac","doi":"10.59295/sum3(163)2023_26","DOIUrl":null,"url":null,"abstract":"In this article, the general jurisdiction was analyzed as an interbranch legal institution that constitutes a premise for the existence of the judicial form of defense of civil rights. In the absence of the regulations regarding general competence, there would be no whole activity of the courts aimed at defending the rights, freedoms and legitimate interests of the person. The particularities of this premise were highlighted, starting from the provisions of the legislation of the Republic of Moldova, recent amendments, judicial practice and surveys regarding the perception of legal phenomena in the Moldovan society. Those essential characteristics are presented that raise the weight of the judicial form in relation to other forms of defense of civil rights and that determine the legislator to operate the changes in the regulations of the general jurisdiction to give priority to one or another of these forms. Also, proposals are submitted to amend the legislative framework to improve it in this area.","PeriodicalId":30700,"journal":{"name":"Studia Universitatis Moldaviae Stiinte Sociale","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"General competence – a premise of the existence of the civil form of defense of civil rights\",\"authors\":\"Alexandru Prisac\",\"doi\":\"10.59295/sum3(163)2023_26\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"In this article, the general jurisdiction was analyzed as an interbranch legal institution that constitutes a premise for the existence of the judicial form of defense of civil rights. In the absence of the regulations regarding general competence, there would be no whole activity of the courts aimed at defending the rights, freedoms and legitimate interests of the person. The particularities of this premise were highlighted, starting from the provisions of the legislation of the Republic of Moldova, recent amendments, judicial practice and surveys regarding the perception of legal phenomena in the Moldovan society. Those essential characteristics are presented that raise the weight of the judicial form in relation to other forms of defense of civil rights and that determine the legislator to operate the changes in the regulations of the general jurisdiction to give priority to one or another of these forms. Also, proposals are submitted to amend the legislative framework to improve it in this area.\",\"PeriodicalId\":30700,\"journal\":{\"name\":\"Studia Universitatis Moldaviae Stiinte Sociale\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-06-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Studia Universitatis Moldaviae Stiinte Sociale\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.59295/sum3(163)2023_26\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Studia Universitatis Moldaviae Stiinte Sociale","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.59295/sum3(163)2023_26","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
General competence – a premise of the existence of the civil form of defense of civil rights
In this article, the general jurisdiction was analyzed as an interbranch legal institution that constitutes a premise for the existence of the judicial form of defense of civil rights. In the absence of the regulations regarding general competence, there would be no whole activity of the courts aimed at defending the rights, freedoms and legitimate interests of the person. The particularities of this premise were highlighted, starting from the provisions of the legislation of the Republic of Moldova, recent amendments, judicial practice and surveys regarding the perception of legal phenomena in the Moldovan society. Those essential characteristics are presented that raise the weight of the judicial form in relation to other forms of defense of civil rights and that determine the legislator to operate the changes in the regulations of the general jurisdiction to give priority to one or another of these forms. Also, proposals are submitted to amend the legislative framework to improve it in this area.