APĂRAREA DREPTURILOR CIVILE PE CALE DE ARBITRAJ
DEFENSE OF CIVIL RIGHTS THROUGH ARBITRATION
Author(s): Aurel BăieșuSubject(s): Law, Constitution, Jurisprudence, Civil Law, International Law
Published by: Universitatea de Studii Europene din Moldova
Keywords: arbitration; arbitral tribunal; arbitral procedure; dispute resolution; civil rights; alternative means; justice;
Summary/Abstract: In most legal systems, the function of judging is considered an attribute of the state as the holder of sovereignty. However, the state is free to provide that, under certain conditions, disputes regarding civil rights can also be resolved through alternative means. This article is dedicated to arbitration as an alternative means of defending civil rights, in particular, the correlation between the judicial and arbitral means; the legal nature of arbitration; regulatory sources, including international, national and private ones; the field of arbitration. The study demonstrates that arbitral tribunals are those “other competent jurisdictional bodies under the law” which, within the meaning of art.15 par. 4 of the Civil Code of the Republic of Moldova, are called upon to defend the civil rights of litigants through an alternative means of justice.
Journal: Vector European
- Issue Year: 2025
- Issue No: 01
- Page Range: 5-9
- Page Count: 5
- Language: Romanian
