An element of scientific novelty of the present research lies in the theoretical substantiation of the concept of "procedurally earmarked patrimony" for qualifying the debtor's estate within insolvency proceedings. In legal doctrine, the debtor's estate is mainly analyzed as a patrimonial universality or as the active mass of the procedure, without fully clarifying its legal nature in relation to the theory of patrimony. This research proposes interpreting the debtor's estate as a particular form of earmarked patrimony, established by operation of law at the opening of insolvency proceedings. This qualification highlights that the debtor's patrimony undergoes a functional legal reorganization, being allocated to a specific purpose - the collective satisfaction of creditors - and governed by a distinct legal regime of administration and realization. The concept of procedurally earmarked patrimony allows the integration of the debtor's estate into the general theory of patrimony and offers a coherent framework for analyzing the legal mechanisms of insolvency proceedings.
Necessity of a profound scientific research of art.1372 CC RM is objectively imposed by the accelerated dynamics of international humanitarian law and by the contemporary transformations of the means of waging war. This norm predominantly reflects a historical vision, partially outdated, on the prohibited means of war, without fully integrating the normative and conceptual results developed within the framework of international law.Therefore, research of art.1372 CC RM is necessary not only for a theoretical analysis, but also for substantiating some proposals of lege ferenda. A possible modernization of the norm should aim at expanding the scope of incrimination, integrating the fundamental principles of law and full harmonization with international treaties and practice. Only in this way can the efficiency of the legal norm and its compliance with the current requirements of humanitarian protection in armed conflicts be ensured.
In this article, the author provides an overview of the way of examination within the writ proceedings of the claims regarding the non-payment of the mandatory medical assistance insurance premiums. The article highlights the particularities of determining by the court the status of creditor and debtor of the obligation to pay the mandatory medical assistance insurance premiums, the circumstances that must be stated by the judge for the admission of this category of claims, and the documents that can be considered by the judge as confirming, in a certain and unequivocal way, the creditor's claim - a mandatory condition for admitting the claim and issuing the court order.
The integration of artificial intelligence into legal and legislative drafting can enhance the quality of normative acts, the coherence of regulations, and the ex ante control of their compliance with constitutional principles. However, the use of AI must be assessed in light of the fundamental values of the rule of law, such as the separation of powers, transparency, public accountability, and citizen participation. The European framework emphasizes the need to respect human rights, democracy, and institutional guarantees, requiring transparency, human oversight, and accountability mechanisms. The study highlights that AI can serve as a supportive tool in the legislative process - for filtering, warning, and analysis - but cannot assume an autonomous decision-making role, such as exercising a veto on constitutionality. This issue is particularly relevant in administrative law, where legality and judicial control are essential.
This article examines the ambiguity of the legal term "enterprise" and its scientific interpretations. The article explores the interpretation of the term "enterprise" not only under Moldovan law but also using examples from other countries. Particular attention is paid to trends and doctrines of the personification of enterprises, that is, the identification of an enterprise as an economic phenomenon with a legal entity. The problem of enterprise personification is examined using the paradoxical theory of Soviet civil law regarding enterprises and legal entities as an example. An example of direct enterprise personification in modern Ukrainian economic law and in the theory of modern Russian business (economic) law as an independent field is given. Further methodological directions for studying the phenomenon of enterprise from the perspective of business law are proposed.
