Professional Documents
Culture Documents
Civil Procedure Code of The Republic of Moldova 30jan2014 en
Civil Procedure Code of The Republic of Moldova 30jan2014 en
No 225-XV of 30.05.2003
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TAB LE O F C O N TE N T
TITLE I
GENERAL PROVISIONS
Chapter I
BASIC PROVISIONS
Article 1. Relations regulated by legislation on civil procedure
Article 2. Legislation on civil procedure
Article 3. Effects of civil procedural law in time
Article 4. Objectives of civil procedure
Article 5. Free access to justice
Article 6. Remedies for protection of rights, freedoms and legitimate interests
Article 7. Commencement of a civil action
Article 8. Right for legal aid
Article 9. Guiding role of the court in the civil process
Article 10. Procedural sanctions
Article 11. Ensuring of safety of the participants in a civil process
Article 12. Resolution of civil cases on basis of legislation of the Republic of Moldova
Article 121. Resolution of exceptional cases of unconstitutionality
Article 122. Advisory opinions of the Plenum of the Supreme Court of Justice
Article 13. Application of the legislation of other states
Article 14. Decisions of a court
Article 15. Right to appeal (contest) a court decision
Article 16. Binding character of judicial acts
Article 17. Generalization of judicial practice (case law)
Article 18. Usage of technical means
Chapter II
GENERAL PRINCIPLES OF CIVIL JUDICIAL PROCEDURE
Article 19. Administration of justice only by courts
Article 20. Judicial independence and legality (subordination only to law)
Article 21. Examination of cases by a single judge or a panel of judges
Article 22. Equal protection of the law and equal access to justice
Article 23. Public character of a court hearing
Article 24. Language of civil procedure and right to interpreter
Article 25. Direct and verbal character of civil process
Article 26. Adversary character and procedural equality of parties
Article 27. Discretionalism (free exercise of material and procedural rights by parties in a process)
Chapter III
GENERAL JURISDICTION
(Repealed)
Article 28. Repealed by law
Article 29. Repealed by law
Article 30. Repealed by law
Article 31. Repealed by law
Chapter IV
JURISDICTION OF THE COURTS
Article 32. Immutability of jurisdiction
Article 33. General jurisdiction of the courts
Article 331. Jurisdiction of trial courts
Article 34. Repealed by law
Article 35. Jurisdiction of Circuit commercial court
Article 36. Repealed by law
Article 37. Competing jurisdictions
Article 371. Jurisdiction over several related claims
Article 38. General territorial jurisdiction
Article 39. Alternative jurisdiction
Article 40. Exclusive jurisdiction
Article 41. Repealed by law
Article 42. Jurisdiction over several related civil lawsuits
Article 43. Transfer of lawsuit to different court
Article 44. Resolution of disputes over jurisdiction
Article 45. Repealed by law
Chapter V
COMPOSITION OF COURT. RECUSATION
Article 46. Composition of court
Article 47. Court clerk
Article 48. Resolving issues in collegial manner
Article 49. Inadmissibility of repeated participation of a judge in a process
Article 50. Grounds for recusation of a judge
Article 51. Grounds for recusation of an expert, specialist, interpreter or a court clerk
Article 52. Motion on recusation and self-recusation
Article 53. Procedure for resolving recusation requests
Article 54. Consequences of satisfaction of the request for recusation
Chapter VI
PARTICIPANTS IN A CIVIL PROCESS.
PROCEDURAL RIGHTS AND OBLIGATIONS OF PARTICIPANTS
Article 55. Participant in a civil process
Article 56. Rights and obligations of participants in a civil process
Article 57. Civil procedural passive legal capacity
Article 58. Civil procedural active legal capacity
Article 59. Parties in a civil process
Article 60. Procedural rights of the parties
Article 61. Obligation of the parties to exercise procedural rights in good faith
Article 62. Mandatory accessory participation
Article 63. Voluntary accessory participation
Article 64. Repealed by law
Article 65. Principal intervener (third party making independent claims on subject-matter of a dispute)
Article 66. Repealed by law
Article 67. Accessory intervener (third party not making independent claims on subject-matter of a
dispute)
Article 68. Procedural rights and obligations of accessory intervener
Article 69. Consequences of failure to bring accessory intervener in a process and failure to enter the
process
Article 70. Legal succession
Article 71. Participation of prosecutor in civil cases
Article 72. Procedural rights of prosecutor
Article 73. Commencing a case for protection of rights, freedoms and legitimate interests of other
persons
Article 74. Participation in process of public authorities giving opinion on the case
Article 75. Representation in court
Article 76. Repealed by law
Article 77. Appointment of attorney
Article 78. Repealed by law
Article 79. Legal representatives
Article 80. Presentation of representative’s empowerment
Article 81. Representative's empowerments in court
Chapter VII
COURT COSTS
Article 82. Court costs
Article 83. State duty
Article 84. Imposing a state duty
Article 85. Exemption from payment of state duty
Article 86. Deferral or installment payment of state duty
Article 87. Value of legal action
Article 88. Supplementary payment of state duty
Article 89. Repayment of state duty
Article 90. Expenditures related to examination of the case
Article 91. Amounts payable to witnesses, experts, specialists and interpreters
Article 92. Payment by parties of amounts due to witnesses, experts, specialists and interpreters
Article 93. Payment of amounts due to witnesses and interpreters
Article 94. Distribution of costs between the parties
Article 95. Payment of compensation for loss of working time
Article 96. Reimbursement of costs for legal assistance
Article 97. Allocation of court costs in case of renunciation of lawsuit or settlement agreement
Article 971. Reimbursement of court costs of the parties
Article 98. Reimbursement of expenses incurred by the court
Article 99. Appeal of court rulings on matters related to court costs
Chapter VIII
COMMUNICATION OF PROCEDURAL ACTS
SUBPOENAS, JUDICIAL NOTIFICATIONS
Article 100. Communication of procedural acts
Article 101. Repealed by law
Article 102. Subpoenas and judicial notifications
Article 103. Content of subpoena and judicial notification
Article 104. Delivery of subpoenas and notifications
Article 105. Serving of subpoenas and notifications
Article 106. Consequences of refusal to accept subpoena or notification
Article 107. Change of the address during the process
Article 108. Servicing the respondent by media
Article 109. Search for the respondent
Chapter IX
PROCEDURAL TERMS
Article 110. Procedural term
Article 111. Calculation of procedural terms
Article 112. Expiration of procedural terms
Article 113. Consequences of failure to complete procedural action on time
Article 114. Suspension of procedural terms
Article 115. Extending procedural terms
Article 116. Renewal of the missed term
Chapter X
EVIDENCE AND PROBATION
Article 117. Evidence
Article 118. Burden of probation in court
Article 119. Presentation and vindication of evidence
Article 120. Inspection and examination of written and material evidence at place of their storage or
location
Article 121. Relevance of evidence
Article 122. Admissibility of evidence
Article 123. Grounds for exemption from probation
Article 124. Deprivation of right to present evidence
Article 125. Court mandate (rogatory)
Article 126. Execution of court mandate (rogatory)
Article 127. Securing of evidence
Article 1271. Securing of evidence related to objects of intellectual property
Article 1272. Deposit in securing evidence prior to a lawsuit
Article 1273. Cancellation of measures to secure evidence
Article 128. Application for securing of evidence
Article 129. Procedure for securing of evidence
Article 130. Evaluation of evidence
Article 131. Explanations of the parties and third persons
Article 132. Testimony
Article 133. Persons who may not be witnesses in court
Article 134. Right of a witness to refuse to testify
Article 135. Witness statement of refusal to testify
Article 136. Obligations and rights of a witness
Article 137. Written evidence
Article 138. Submission of written evidence
Article 139. Assessment of the reliability of written evidence
Article 140. Obtaining of handwriting samples for a comparative study of written documents and
signatures on them
Article 141. Returning written evidence
Article 142. Real evidence (exhibits) and their determination
Article 143. Evidence storage
Article 144. Inspection and examination of perishable evidence
Article 145. Distribution of real evidence
Article 146. Sound and video recordings
Article 147. Storage and return of audio and video recording media
Article 148. Purpose of examination
Article 149. Appointment of an expert
Article 150. Actions preceding the expert examination
Article 151. Recusation of an expert
Article 152. Rights of the parties and other participants upon appointment and performance of an
expert examination
Article 153. Content of the ruling on appointment of an expert examination
Article 154. Rights and obligations of an expert
Article 155. Examination procedure
Article 156. Collective examination
Article 157. Complex examination
Article 158. Expert opinion
Article 159. Additional and repeated examination
Article 160. Refusal of the expert to give an opinion
Chapter XI
COURT FINES
Article 161. Court fines
Article 162. Repealed by law
Article 163. Examination of issues related to imposition of a fine
Article 164. Renunciation or reduction of a fine
Article 165. Deferral and installment execution of a court ruling
TITLE II
CIVIL PROCEEDINGS AT THE TRIAL STAGE
A. ACTION PROCEEDINGS
Chapter XII
COMMENCEMENT OF ACTION
Article 166. Form and content of the statement of action
Article 167. Documents attached to statement of action
Article 168. Acceptance and distribution of statement of action
Article 169. Refusal to accept statement of action
Article 170. Return of the statement of action
Article 171. Leaving statement of action without movement
Article 172. Filing a counter action
Article 173. Conditions of acceptance of counter action
Chapter XIII
SECURING OF AN ACTION
Article 174. Grounds for securing of an action
Article 175. Interim measures for securing a claim
Article 176. Procedure of seizure of assets
Article 177. Content and procedure for resolution of request for interim measures
Article 178. Execution of a court ruling for interim measures
Article 179. Replacing one type of security with the other
Article 180. Cancellation of measures for securing of an action
Article 181. Contestation of rulings on securing of an action
Article 182. Compensation to the respondent of damages caused by securing measures
Chapter XIV
PREPARATION OF THE CASE FOR EXAMINATION
Article 183. Objectives of preparing the case for examination
Article 184. Ruling on preparing the case for examination
Article 185. The judge's actions in preparing the case for examination
Article 186. Presentation of evidence and respondent response to an action
Article 187. Combination of several claims
Article 188. Separation into several claims
Article 189. Repealed by law
Article 190. Setting of a term for examination of the case
Article 191. Changing the term of the proceedings
Chapter XV
TRIAL
Article 192. Terms of civil proceedings
Article 193. Judicial meeting
Article 194. Presiding judge
Article 195. Order in court
Article 196. Measures applied to infringers of order at a court meeting
Article 197. Opening of a trial
Article 198. Checking attendance of the participants in a process
Article 199. Explanation to the interpreter of his/her duties
Article 200. Removal of witnesses from the courtroom
Article 201. Announcement of the court composition and explanation of the right of recusation and
self-recusation
Article 202. Explanation to the participants in a process of their rights and obligations
Article 203. Acceptance of applications and motions of the participants in a process
Article 204. Discovery of evidence at the hearing
Article 2041. Interruption of the court hearing
Article 205. Consequences of non-appearance of the participants in a court meeting
Article 206. Consequences of non-appearance of the parties and representatives in a court meeting
Article 207. Consequences of non-appearance of a witness, expert, specialist and translator in a court
meeting
Article 208. Adjournment of proceedings
Article 209. Interrogation of witnesses during the adjournment of the case
Article 210. Explanation given to experts and specialists of their rights and obligations
Article 211. Examination of the case on the merits
Article 212. Refusal of the plaintiff from the action, acceptance of the action by the respondent and
settlement agreement
Article 213. Explanations given by the participants in a process
Article 214. The sequencing of the evidence
Article 215. Warning the witness on liability for refusal to testify and for perjury
Article 216. Interrogation of a witness
Article 217. Usage of witness records
Article 218. Interrogation of a minor witness
Article 219. Questioning of the participant with disabilities
Article 220. Entering of witnesses testimony in the court records
Article 221. Reading of the witness’s testimony in a court hearing
Article 222. Study of written evidence
Article 223. Reading and study of personal correspondence and telegraphic communications
Article 224. Study of real evidence
Article 225. On-site inspection
Article 226. Playback of audio and video recording and their investigation
Article 227. Statement on forged evidence
Article 228. Investigation of the expert opinion
Article 229. Repealed by law
Article 230. Consultation of a specialist
Article 231. Conclusions of public authorities
Article 232. Closing of examination of the case on the merits
Article 233. Pleadings
Article 234. Replication
Article 235. Resuming of examination on the merits
Article 236. Deliberation and court judgment
Article 237. Repealed by law
Chapter XVI
JUDGMENT
Article 238. Deliberation procedure
Article 239. Legitimate and justified character of the judgment
Article 240. Issues resolved when adopting judgments
Article 241. Content of the judgment
Article 242. Repealed by law
Article 2421. Transfer of shares of the bank based on a judgment
Article 243. Judgment to recover a sum of money
Article 244. Judgment on invalidation of the enforcement document
Article 245. Judgment on conclusion or amendment of the contract
Article 246. Judgment to award the property or its value
Article 247. Judgment requiring the respondent to perform certain actions
Article 248. Judgment in favor of several plaintiffs or against several respondents
Article 249. Correction of errors in the judgment
Article 250. Additional judgment
Article 251. Explanation of the judgment
Article 252. Deferral and installment execution, change of the method and order of execution
Article 253. Indexation of the awarded monies
Article 254. Final and irrevocable judgment
Article 255. Execution of a judgment
Article 256. Judgments to be executed immediately
Article 257. Repealed by law
Article 258. Securing of execution of judgments
Article 259. Repealed by law
Chapter XVII
ПРИ SUSPENSION OF PROCEEDINGS
Article 260. Duty of the court to suspend proceedings
Article 261. Right of the court to suspend proceedings
Article 262. Terms of suspension of the proceedings
Article 263. Appeal on the court ruling on suspension of the proceedings
Article 264. Reopening of the case
Chapter XVIII
TERMINATION OF PROCEEDINGS
Article 265. Grounds for termination of the proceedings
Article 266. Procedure and consequences of termination of the proceedings
Chapter XIX
LEAVING STATEMENT OF ACTION WITHOUT EXAMINATION
Article 267. Grounds for leaving statement of action without examination
Article 268. Procedure and consequences of leaving statement of action without examination
Chapter XX
COURT RULING
Article 269. Passing a court ruling
Article 270. Content of a court ruling
Article 271. Repealed by law
Article 272. Sending copies of ruling to participants in a process
Chapter XXI
MINUTES (COURT RECORDS)
Article 273. Mandatory character of the minutes
Article 274. Content of the minutes
Article 275. Keeping of the minutes
Article 276. Examination of comments on the minutes
Article 2761. Providing copies of the minutes and audio and/or video recordings
Chapter XXII
PROCEEDINGS IN ADMINISTRATIVE CASES
Article 277. Action in the administrative court
Article 278. Examination of an action
C. SPECIAL PROCEEDINGS
Chapter XXIII
GENERAL PROVISIONS
Article 279. Cases examined under a special procedure
Article 280. Examination of cases under special procedure
Chapter XXIV
ESTABLISHMENT OF FACTS
HAVING LEGAL RELEVANCE
Article 281. Cases concerning the establishment of facts having legal relevance
Article 282. Conditions necessary to establish the facts having legal relevance
Article 283. Jurisdiction
Article 284. Content of the application
Article 285. Judgment of the court
Chapter XXV
APPROVAL OF ADOPTION
Article 286. Submission of an application
Article 287. Content of the application
Article 288. Documents attached to the application on the approval of national adoption
Article 289. Documents attached to the application on the approval of international adoption
Article 290. Preparing of the case for examination
Article 291. Hearing of the application
Article 292. Judgment of the court
Article 293. Dissolution and avoidance of adoption
Chapter XXVI
RECOGNITION OF MINOR’S FULL LEGAL CAPACITY
(MINOR EMANCIPATION)
Article 294. Submission of an application
Article 295. Examination of the application
Article 296. Judgment of the court
Chapter XXVII
DECLARING THE PERSON
MISSING OR DECEASED
Article 297. Submission of application
Article 298. Content of the application
Article 299. Preparing a case for examination
Article 300. Judgment of the court
Article 301. Effects of appearance of the person declared to be missing or deceased or finding of
his/her place of stay
Chapter XXVIII
RECOGNITION OF LIMITED CAPACITY OR
FULL LEGAL INCAPACITY
Article 302. Submission of application
Article 303. Content of the application
Article 304. Assignment of an attorney
Article 305. Ordering of expert examination in order to determine mental state
Article 306. Examination of the application
Article 307. Judgment of the court
Article 308. Annulment of limited capacity and declaring full capacity
Chapter XXIX
APPROVAL OF FORCED HOSPITALIZATION
AND FORCED TREATMENT
Article 309. Submission of application
Article 310. Examination of the application
Article 311. Judgment of the court
Chapter XXX
APPROVAL OF PSYCHIATRIC EXAMINATION OR HOSPITALIZATION
OF A PERSON IN AN INPATIENT PSYCHIATRIC UNIT
Article 312. Submission of application
Article 313. Content of the application
Article 314. Terms for submitting application for hospitalization
Article 315. Examination of the application
Article 316. Assignment of an attorney
Article 317. Judgment of the court
Article 318. Early discharge from a psychiatric hospital and extension of hospitalization
Chapter XXX1
APPLICATION OF PROTECTIVE MEASURES
IN CASES OF DOMESTIC VIOLENCE
Article 3181. Submission of application
Article 3182. Content of the application
Article 3183. Examination of the application
Article 3184. Imposition of a protective order
Article 3185. Extension and annulment of protective order
Article 3186. Appeal on ruling approving or rejecting application on disposal of protective measures
and appeal on ruling regarding disposal of protective order
Chapter XXXI
RESTORATION OF RIGHTS ARISING FROM
LOST SECURITIES TO BEARER AND ORDER SECURITIES NOTES
(CALL PROCEDURE)
Article 319. Submission of application
Article 320. Content of the application
Article 321. Actions taken by the judge after receiving the application
Article 322. Application of the document holder
Article 323. Actions taken by the judge after receiving the application from the document holder
Article 324. Examination of the application
Article 325. Judgment of the court
Article 326. Right of the document holder to file an action for unjust acquisition of property
Chapter XXXII
RECOGNITION OF MOVABLE PROPERTY AS OWNERLESS
AND RECOGNITION OF MUNICIPAL OWNERSHIP
OVER THE OWNERLESS REAL ESTATE
Article 327. Submission of application
Article 328. Content of the application
Article 329. Examination of the application
Article 330. Judgment of the court
Chapter XXXIII
FINDING INCORRECT ENTRIES
IN THE REGISTERS OF CIVIL STATUS
Article 331. Submission of application
Article 332. Content of the application
Article 333. Examination of the application
Article 334. Judgment of the court
Chapter XXXIV
RECOVERY OF LOST COURT PROCEEDINGS
(RECOVERY PROCEDURE)
Article 335. Recovery of lost proceedings
Article 336. Submission of application
Article 337. Content of the application
Article 338. Judicial expenses
Article 339. Consequences of failure to comply with the content of the request
Article 340. Actions of the judge after receiving the application
Article 341. Examination of the application
Article 342. Termination of recovery of lost proceedings
Article 343. Court judgment on recovery of the lost proceedings
Chapter XXXIV1
TEMPORARY SUSPENSION OF THE VALIDITY AND REVOCATION
OF LICENSES / AUTHORIZATIONS RELATED TO ENTREPRENEURSHIP
Article 3431. Submission of application
Article 3432. Content of the application
Article 3433. Examination of the application
Article 3434. Judgment of the court
Article 3435. Cancelation of temporary suspension of the license / authorization related to
entrepreneurial activity
Chapter XXXV
COURT ORDER (SIMPLIFIED)
PROCEEDINGS
Article 344. Court order
Article 345. Claims on the basis of which the court order is issued
Article 346. Filling of the application and payment of state duty
Article 347. Content of the application
Article 348. Refusal to accept the application
Article 349. Remedying of irregularities of the application
Article 350. Examination of the application
Article 351. Content of the court order
Article 352. Sending copies of the court order to the debtor
Article 353. Cancellation of the court order
Article 354. Presentation of a court order to the creditor
E. INSOLVENCY PROCEEDINGS
Chapter XXXVI
PROCEEDINGS ON DECLARING
INSOLVENSY
Article 355. Jurisdiction in declaration of insolvency
Article 356. Examination of the application
TITLE III
CONTESTATION OF COURT
JUDGMENTS
Chapter XXXVII
APPEAL
Article 357. Subject-matter of appeal
Article 358. Judgments which could be contested in appeal procedure and courts having jurisdiction to
examine appeals
Article 359. Contesting of rulings issued by courts of the first level
Article 360. Persons entitled to appeal
Article 361. Joint appeal
Article 362. Term to file appeal
Article 363. The suspensive effect of the appeal
Article 364. Filing the application for appeal
Article 365. Content of the application for appeal
Article 366. Submission of the response to the appeal
Article 367. Actions of the court of the first level after receiving the appeal
Article 368. Cases where an appeal is not allowed
Article 369. Return of the application for appeal
Article 370. Preparation of the case for the hearing
Article 371. Period for review of the case by the court of appeal
Article 372. Filing new evidence and claims with the court of appeal
Article 373. Limits of the appeal
Article 374. Withdrawal of appeal
Article 375. Renunciation from the claim and out of court settlement
Article 376. Procedure for hearing in the appellate courts
Article 377. Hearings within the courts of appeal
Article 378. Announcement of the judge panel. Explanation of the right of recusation
Article 379. Participant’s failure to appear in court and its effect
Article 380. Review of applications and motions filed by participant in the proceedings
Article 381. Case report
Article 382. Explanations given by participants in the proceedings
Article 383. Examination of evidence
Article 384. Verbal arguments (pleadings)
Article 385. Powers of the appellate court
Article 386. Grounds for quashing or modifying judgments by the appellate court
Article 387. Violation or misapplication of the rules of substantive law
Article 388. Violation or misapplication of the rules of procedural law
Article 389. Reaching and communicating the resolution
Article 390. Content of the resolution
Article 391. Repealed by law
Article 392. Repealed by law
Article 393. Quashing the resolution and termination of proceedings or striking out the application
Article 394. Legal power of the court of appeal resolution
Article 395. Repealed by law
Article 396. Restitution of the case to the court of the first level
Chapter XXXVIII
CASSATION PROCEEDINGS
Section 1
Cassations against rulings of the court
Section 2
Cassation filed against the disposition acts
issued by the courts of appeal
Article 429. Decisions that may be subject to cassation
Article 430. Persons entitled to file for cassation
Article 431. The competent court to examine the cassation
Article 432. Grounds for filing cassation
Article 433. Grounds for inadmissibility of cassation
Article 434. Term for filing cassation
Article 435. Suspensive effect of the cassation
Article 436. Submission of the cassation
Article 437. Content of the cassation application
Article 438. Returning the cassation application
Article 439. Preparatory procedural acts
Article 440. Procedure for dealing with the issue of cassation admissibility
Article 441. Proceedings after the recognition of cassation as admissible
Article 442. Limits of the hearing of cassation
Article 443. Withdrawal of the cassation
Article 444. Procedure for hearing the cassation
Article 445. Authority and decisions of the court
Chapter XXXIX
REVISION OF JUDGMENTS
Article 446. Decisions that can be subject to the procedure of revision
Article 447. Persons entitled to file an application for revision
Article 448. Courts competent to examine applications for revision
Article 449. Grounds for the application for revision
Article 450. Terms for filing the application for revision and their calculation
Article 451. Submission of the application for revision
Article 452. Examination of the application for revision
Article 453. Authority and decisions of the court of revision
TITLE IV
PROCEEDINGS IN CASES HAVING
A FOREIGN ELEMENT
Chapter XL
GENERAL PROVISIONS
Article 454. Procedural rights and obligations of foreigners
Article 455. Procedural legal capacity and procedural active capacity of foreigners and persons
without citizenship
Article 456. Legal capacity of foreign organization and international organizations
Article 457. Actions filed against other states and international organizations. The diplomatic
immunity
Article 458. Applicable law, rules of evidence in civil trials with foreign element
Chapter XLI
JURISDICTION OF THE COURTS OF THE REPUBLIC OF MOLDOVA
IN MATTERS HAVING FOREIGN ELEMENTS
Article 459. Application of the rules on jurisdiction
Article 460. Jurisdiction of courts in the Republic of Moldova for matters having a foreign element
Article 461. Exclusive jurisdiction of the courts in the Republic of Moldova for matters having a
foreign element
Article 462. Contractual jurisdiction in cases having a foreign element
Article 463. Immutability of venue
Article 464. Effects of foreign judgments
Article 465. Rogatory
Article 466. Recognition of documents issued, drawn or certified by foreign competent authorities
Chapter XLII
RECOGNITION AND ENFORCEMENT
OF FOREIGN JUDGMENTS AND ARBITRAL AWARDS
Article 467. Recognition and enforcement of foreign judgments
Article 468. Application for recognition of a foreign judgment
Article 469. Content of the application
Article 470. Examination of the application
Article 471. Refusal to approve enforcement of foreign judgment
Article 472. Recognition of foreign judgments which does not require enforcement
Article 473. Refusal of recognition of foreign judgment
Article 474. Recognition of foreign judgments, which do not require further proceedings
Article 475. Recognition and enforcement of foreign arbitral awards
Article 476. Refusal of recognition and enforcement of foreign arbitral awards
TITLE V
CHALLENGING ARBITRATION AWARDS IN COURTS AND GRANTING
THE WRIT OF EXECUTION ON ARBITRAL AWARDS
Chapter XLIII
CHALLENGING ARBITRATION
AWARDS IN COURTS PROCEEDINGS
Article 477. Challenging arbitration awards
Article 478. Content of the application
Article 479. Examination of the application
Article 480. Grounds for annulment of the arbitral award
Article 481. Court ruling on the question of challenging the arbitral award
Chapter XLIV
PROCEEDINGS CONCERNING ISSUANCE OF WRITS OF EXECUTION
FOR ENFORCEMENT OF ARBITRATION AWARDS
Article 482. Granting of a writ of execution
Article 483. Content of the application
Article 484. Examination of the application
Article 485. Grounds for refusal to issue a writ of execution
Article 486. Court ruling on the question of issuance of a writ of execution
Chapter I
BASIC PROVISIONS
Article 12. Resolution of civil cases on basis of legislation of the Republic of Moldova
(1) The court decides upon civil cases on the basis of the Constitution of the Republic of
Moldova, international treaties to which Republic of Moldova is a party to, constitutional,
organic and ordinary laws, decisions of the Parliament, normative acts of the President of
Republic of Moldova, ordinances and decisions of the Government, normative acts of the
ministries, other central administrative authorities and local public administration bodies. In
cases provided for by the law the court shall apply custom unless it is contrary to the public order
and morality.
(2) If upon examination of a civil case the court determines that a law or other normative
act is contrary to the law or other normative act having a higher legal force, the court shall apply
a law or other normative which has a higher legal force.
(3) In case of absence of a legal rule (norm of law) regulating the disputed legal relation,
the court shall apply the rule of law governing similar legal relations (analogy of legal rule), but
in the absence of such analogous rule the court shall be guided by the principles of law and the
spirit of the applicable legislation (analogy of law). The rule of law which provides for an
exception from the general rules, which limits the right or sets additional sanctions may not be
used by analogy.
(4) In case an international treaty to which Republic of Moldova is a party to, provides for
rules different from those stipulated by the national legislation, the court upon examination of the
case shall apply the provisions of an international treaty.
[Paragraph (2) of the article 121 repealed by Law No 155 of 05.07.2012, effective as of 30.11.2012]
(3) From the moment when the court issued a ruling on determination of exceptional case
of unconstitutionality until the moment when the Constitutional Court issued a decision on this
matter, the civil case examination or enforcement of the court judgment shall be suspended.
Article 122. Advisory opinions of the Plenum of the Supreme Court of Justice
(1) If upon examination of a case in any court of any level the court faces difficulties with
correct application of substantive or procedural rules of law, the respective court ex officio (at its
own initiative) or upon request of the participants in a process shall address the Plenum of the
Supreme Court of Justice for issuing of an advisory opinion, which shall give explanation on
application of the law. The advisory opinion shall be published on the web-page of the Supreme
Court of Justice.
(2) In case the court turns down the motion of the participants in a civil process on
addressing the Plenum of the Supreme Court of Justice to issue the advisory opinion the court
shall issue a ruling which is not subject to contestation in cassation procedure.
(3) In case the court decided on turning down petitioning of the Plenum of the Supreme
Court of Justice the court shall pass a motivated ruling which is deemed to have entered into
force and should be published at the web-page of the Supreme Court of Justice.
(4) The advisory opinion of the Plenum of the Supreme Court of Justice does no longer
bind the Supreme Court of Justice in case of subsequent amendment of the law or changes in the
practice of its application.
(5) Until the advisory opinion of the Plenum of the Supreme Court of Justice is issued the
examination of the case shall be adjourned.
[Paragraph (3) of the Article 16 repealed by Law No 155 of 05.07.2012, effective as of 30.11.2012]
(4) On the territory of the Republic of Moldova judgments, instructions and petitions of
foreign courts and international arbitration tribunals shall be enforced in accordance with the
present code, international treaties to which Republic of Moldova is a party to, as well as on the
basis of the principle of reciprocity.
Article 17. Generalization of judicial practice (case law)
For the purpose of ensuring correct and uniform application of the legislation the Supreme
Court of Justice shall on its own initiative (ex officio) undertake generalization of the practice of
examination of certain categories of cases, shall issue and publish decisions of explanatory
character concerning correctness of application of rules of law and fair examination of civil
lawsuits.
Chapter II
GENERAL PRINCIPLES OF CIVIL JUDICIAL PROCEDURE
Article 27. Discretionalism (free exercise of material and procedural rights by parties
in a process)
(1) The principle of discretionary nature of the civil process implies the possibility of the
participants in a process (the parties in a civil case in the first place) to freely dispose of their
subjective substantive law and legitimate interests, which are being examined by the court, as
well as procedural rights and choose procedural means and methods of defense.
(2) The court shall not permit disposition of a right or use of remedies in case when these
are contrary to the law or infringe on the rights or legal interests of a person.
Chapter III
GENERAL JURISDICTION
[Chapter III (Articles 28-31) repealed by Law No 155 of 05.07.2012, effective as of 30.11.2012]
Article 28. Jurisdiction of the courts
[Article 28 repealed by Law No 155 of 05.07.2012, effective as of 30.11.2012]
Chapter IV
JURISDICTION OF THE COURTS
[Paragraph (15) of the Article 39 repealed by Law No 155 of 05.07.2012, effective as of 30.11.2012]
(16) On lawsuits related to determination of existence or absence of a certain legal right the
jurisdiction of the court is determined in accordance with the rules provided for the lawsuits the
subject matter of which is enforcement of an action.
[Paragraphs (6) - (8) of the Article 44 repealed by Law No 29 of 06.03.2012, effective as of 13.03.2012]
(9) The court which has proper jurisdiction shall decide the dispute over jurisdiction
between the courts without inviting the participants in a process by the court ruling which is not
appealable.
Chapter V
COMPOSITION OF COURT.
RECUSATION
Article 51. Grounds for recusation of an expert, specialist, interpreter or a court clerk
(1) Grounds for recusation of a judge provided for in the Article 50 shall apply similarly to
an expert, specialist, interpreter or a court clerk.
(2) Additionally an expert or specialist may not participate in the civil proceedings if
he/she:
a) was or is dependent to the parties of a trial or other participants of the process or their
representatives due to service or other circumstances;
b) performed a control the results of which served as the basis for initiating of the lawsuit
or the documents of which are used in course of the trial.
(3) Participation of an expert, specialist, interpreter or a court clerk of the court in the
previous examination of the case in the same capacity does not constitute grounds for their
recusation.
Chapter VI
PARTICIPANTS IN A CIVIL PROCESS.
PROCEDURAL RIGHTS AND OBLIGATIONS OF PARTICIPANTS
Article 61. Obligation of the parties to exercise procedural rights in good faith
(1) The parties are obliged to exercise their procedural rights in good faith. Any abuse of
these rights with a view of delaying the process or misleading the court shall be restrained by the
court.
(2) In the case of malicious filing of a manifestly unfounded application on contesting of a
document or a signature contained in the document, filing of an application for adjournment of
the process or transfer the lawsuit to a different court, securing by the plaintiff, whose civil
action was rejected, of the caution measures, which have damaged the respondent if these actions
result in adjournment (or suspension) of the case or delay in the execution of a judicial act, the
court at the request of an interested party may order the guilty party to pay compensation of such
damages.
Article 65. Principal intervener (third party making independent claims on subject-
matter of a dispute)
(1) Any interested person may join a process that takes place between the others.
Intervention is deemed to be of a personal interest in case the intervener invokes his/her right on
the subject-matter in a dispute or a right otherwise related to it.
(11) Having established existence of persons who can claim independent claims on the
subject-matter of a dispute between the original parties, the court shall notify such persons on the
beginning of a process and explains them the right to join the process by bringing a civil action.
(2) The principal intervener may join the process prior to termination of the hearing at the
trial stage by means of bringing an action to one or both parties in the manner prescribed by the
present code. The principal intervener has the rights and obligations of the plaintiff.
(21) Application for joining a process shall be made according to the requirements for the
statement of action.
(4) If the court determines that the action of the principal intervener is not related to the
subject-matter of a dispute, it shall issue a court ruling to reject examination of such action
jointly with the initial action. In this case, the principal intervener is not deprived of the right to
bring his/her action in a general procedure.
(5) The ruling of the court by which examination of the action of the principal intervener
jointly with the initial action is rejected may be contested in the cassation procedure.
Article 66. Notification of persons who can make independent claims on the subject-
matter of a dispute
[Article 66 repealed by Law No 244-XVI dated 21.07.2006, effective as of 17.11.2006]
Article 67. Accessory intervener (third party not making independent claims on
subject-matter of a dispute)
(1) A person having an interest in proceedings initiated between other parties may join the
process at the side of the plaintiff or the respondent before the termination of the trial
examination, if the judgment of the court in this case may affect his/her rights or obligations with
respect to one of the parties.
(2) In order to join the process the intervener shall file an application in which it proves
existence of his/her interest to join the process and indicates which side he/she is joining. A copy
of the application shall be given to both parties.
(3) An accessory may also join the process at the request of one of the parties or on the
initiative of the court.
(5) The ruling of the court to reject an application of the accessory intervener to join the
process may be appealed by this person of by a participant in a process together with the decision
of this case on the merits.
f) invalidation in accordance with the law of the normative acts of the public authorities,
other authorities and organizations, officials or civil servants;
g) confiscation of the illegally acquired assets;
i) environmental protection;
j) other cases stipulated by law.
Article 73. Commencing a case for protection of rights, freedoms and legitimate
interests of other persons
(1) In the cases provided by law, public authorities, organizations and individuals may
apply to the court with a statement of action (or application) for protection of rights, freedoms
and legitimate interests of other persons at their request or for protection of rights, freedoms and
legitimate interests of an indeterminate circle of individuals. Action for protection of interests of
a legally incapable person may be filed regardless of existence of the request of the person
concerned or his legal representative.
(2) The authorities, organizations or individuals which brought a legal action for protection
of the interests of other persons, enjoy the procedural rights and fulfill the procedural obligations
of the plaintiff, except for the right to enter into a settlement agreement and obligation to pay
court costs.
(3) In case of refusal of authorities, organizations or individuals from the legal action
which they have brought for protection of the other person, or in case of reluctance of the latter
to join the case the procedural consequences specified in paragraph (2) of Article 72 shall come
into effect.
Article 74. Participation in process of public authorities giving opinion on the case
(1) In the cases provided by law, the competent public authorities shall be entitled prior to
passing a judgment at the trial stage or at the appeal stage to join the process on their own
initiative, at the request of the participants in a process or at the initiative of the court in order to
give an opinion on the case in accordance with their duties and for the purpose of protection of
the rights, freedoms and legitimate interests of other persons, interests of the state and public
society.
(2) Where necessary, the court may, upon its own initiative, involve a competent public
authority to give an opinion on the case.
(3) The authorities referred to in this article shall have the procedural rights and obligations
of the participants in the process, stipulated in Article 56 of the present code as well as in the
other laws.
(3) Powers of Attorney issued by a legal entity, shall be countersigned by the administrator
or other person entitled to do so and confirmed by the constituent documents and the stamp of
the organization.
(4) The effects of the Power of Attorney confirming the empowerment of the representative
in court shall be terminated on the grounds provided for in Article 255 of the Civil Code.
(6) The legal representative shall present to the court documents confirming his/her status
and powers.
(7) Empowerment of an attorney or trainee attorney shall be confirmed by a mandate
issued by the represented person or by a certified attorney.
(9) A representative who waives its empowerment must notify both the represented person
and the court no later than 10 days before commencement of the proceedings or expiration of the
term for appeal.
Chapter VII
COURT COSTS
Article 92. Payment by parties of amounts due to witnesses, experts, specialists and
interpreters
(1) Amounts payable to witnesses, experts, specialists and interpreters and amounts of
other necessary expenses to be incurred in the case shall be provisionally deposited on a court
account by the party requested the respective act. If the request for such an act is made by both
parties or appointment of an examination, involvement of a specialists or other paid acts is made
at the initiative of the court, then the required amounts shall deposited at the account of the court
in equal parts by the parties.
(2) Failure to deposit on the court account of the amounts stipulated in paragraph (1) in due
time, shall deprive the party concerned of the right to summon a witness, expert or interpreter or
request expert examination.
Chapter VIII
COMMUNICATION OF PROCEDURAL ACTS.
SUBPOENAS, JUDICIAL NOTIFICATIONS
Chapter IX
PROCEDURAL TERMS
Article 110. Procedural term
Procedural term is a term of time established by law or appointed by a court (judge) during
which the court (judge), participants to a process and other persons associated with the activities
of the court must take certain procedural steps or complete set of proceedings.
Chapter X
EVIDENCE AND PROBATION
Article 120. Inspection and examination of written and material evidence at place of
their storage or location
(1) The court may make an inspection and study written and physical evidence at the place
of their storage or location in case of impossibility or difficulty of their presentation to the court.
(2) The court (judge) shall pass a ruling on the place, date and time of examination of the
evidence at the site and shall notify the persons interested in the outcome of the process; however
their absence shall not preclude production of inspection and examination of evidence. If
necessary, witnesses, interpreters, specialists or experts can be serviced to appear at the place of
the inspection or examination. Specialists may take measures, take pictures and make audio and
video recordings, make plans, schemes and perform other necessary actions.
(3) Upon inspection and examination of the evidence on the spot a minutes of examination
shall be drawn up.
[Paragraph (2) of Article 1271 repealed by Law No 155 of 05.07.2012, effective as of 30.11.2012]
(3) Securing of evidence relating to objects of intellectual property shall be carried out in
accordance with the procedure stipulated in Article 129.
(4) Measures to secure evidence prior to bringing an action in court shall be applied by
court to the extent permitted by applicable legislation.
(5) Ruling of the satisfaction of the application for securing of evidence may be appealed
together with the decision on the merits, and the ruling rejecting such an application may be
contested in cassation procedure within five days from the date of issuance – if the participants in
a process were served, or from the date of communication of the court ruling – if the participants
in a process were not served. Submission of the cassation does not suspend the execution of
measures to secure evidence.
Article 147. Storage and return of audio and video recording media
(1) Media for storage of sound and video recordings shall be kept in court under a special
inventory. The court shall take measures to preserve media for storage of sound and video
recordings in the same state. Storage and examination of sound and video recordings shall be
made in accordance with the requirements of Article 143.
(2) After the entry into force of a court decision media for storage of audio or video
recordings may be returned to the person from whom they were obtained. In exceptional cases,
the court in its ruling can return them before the entry into force of a court judgment.
Article 152. Rights of the parties and other participants upon appointment and
performance of an expert examination
(1) The parties and other participants in the process may request appointment of an expert
from a specified number of individuals or specialized agencies.
(2) The parties and other participants in the process have the right to formulate and submit
court questions addressed to the expert, however, only the court finally determines the range of
issues on which the expert has to say. The court is obliged to justify rejection of the questions to
the expert proposed by the parties and other participants to a process.
(3) The parties and other participants in the process have the right to get acquainted with
the ruling of the court on the appointment of expert examination, propose entering in the court
ruling of certain questions for the expert examination, declare recusation to the expert, to
participate in the research of the expert, to familiarize oneself with the expert opinion, apply to
the court for appointing of a repeated, additional, collective or complex examination.
(4) Failure of the parties duly notified in accordance with the law, to appear during the
performance of the expert examination, if their presence is not required, does not entail the
invalidity of the conclusions of an expert.
Chapter XI
COURT FINES
TITLE II
CIVIL PROCEEDINGS AT THE TRIAL STAGE
A. ACTION PROCEEDINGS
Chapter XII
COMMENCEMENT OF ACTION
i) the plaintiff withdraws the application before a court passes a ruling to initiate the legal
proceedings.
(2) The judge shall issue a reasoned court ruling on return of the statement of action, which
shall indicate in which court should the plaintiff apply to if the case is not in the jurisdiction of
this court, or how to remove the obstacles preventing the initiation of the lawsuit.
(3) The court ruling on return of the statement of action must be made within five days
from the date of its distribution to the judge and shall be handed over (sent) to the plaintiff along
with his/her application and all documents accompanying the application.
(4) Return of the application does not preclude the plaintiff to file repeatedly in court the
statement of action against the same respondent, on the same subject-matter and on the same
grounds, provided all the irregularities have been repaired by the plaintiff.
(5) Ruling of the court on return of the application on the basis of letters a), b), c) and g) of
paragraph (1) may be contested in cassation procedure.
(2) If in cases referred to in letters a) and c) of paragraph (1), the court finds that only the
principal statement of action may be considered, the court shall consider it separately.
Chapter XIII
SECURING OF AN ACTION
Article 177. Content and procedure for resolution of request for interim measures
(1) An application on securing of an action shall state the reasons and circumstances
pursuant to which the securing of an action is sought.
(2) The application on securing of an action shall be resolved by a judge or court
examining the matter within one day after its filing, without serving a notification on the
respondent and other participants in the process. If the application on securing of an action shall
be filed simultaneously with a statement of action, it shall be resolved on a day of passing a
ruling on acceptance of the statement of action, without serving a notification on the respondent
and other participants in the process.
(3) The judge or the court issues a ruling on granting or refusing securing of an action.
Chapter XIV
PREPARATION OF THE CASE FOR EXAMINATION
Article 185. The judge's actions in preparing the case for examination
(1) In preparing the case for examination the judge shall perform the following:
a) decides whether to ensure intervention of co-plaintiffs, co-respondents and third parties;
b) dispatches to a respondent and, as appropriate, a third party a copy of statement of claim
or written evidence attached thereto in support of plaintiff's claims, and sets the term by which
the respondent and the third party must submit the response in writing to the claim of the plaintiff
and all the necessary evidence;
c) dispatches to the plaintiff and, where applicable, to third party copies of respondents
response and written evidence attached to it, and sets the term by which all additional evidence
should be presented;
d) endeavors to reconcile the parties;
e) explains to the parties their right to seek resolution of the dispute in arbitration and the
consequences of such actions;
f) decides whether to service witnesses at the hearing or questioning them at their location
under paragraph (1) of Article 136;
g) at the request (motion) of participants in a process demands the necessary evidence from
the organizations and individuals;
h) at the request of the parties or as provided by law appoints expert examination on its
own initiative;
i) resolves the issue of bringing in court a specialist or interpreter;
j) in cases of urgency, at the request of a party, makes on-site inspection of written and
material evidence with due notifying participants in a process;
k) directs the court mandates (rogatory);
l) resolves on measures for securing of an action (claim);
m) performs other legal procedural acts.
(2) If necessary to clarify certain aspects related to the preparation of the case for the
examination, the judge may decide to convene the parties to the meeting.
Chapter XV
TRIAL
Article 201. Announcement of the court composition and explanation of the right of
recusation and self-recusation
(1) The presiding judge at the hearing announces the composition of the court,
communicates who shall be involved as an expert, specialist, interpreter, clerk of the court and
explains to the participants of the process their right to request recusation or the right to self-
recusation.
(2) The grounds for requesting recusations or self-recusation, procedure for their resolution
and consequences of their satisfaction are provided in Articles 50, 51, 53 and 54.
Article 202. Explanation to the participants in a process of their rights and obligations
Presiding judge explains to the participants in the process their procedural rights and
obligations, and to the parties – their rights under Article 60, as well as their right to seek
resolution of a dispute in arbitration and the consequences of such action.
Article 210. Explanation given to experts and specialists of their rights and
obligations
Presiding judge shall explain to the expert and the specialist their rights and obligations, as
well as shall warn the expert of criminal liability for knowingly giving false opinion. The expert
signs the statement that he/she was duly notified of his duties and liability. A signed statement
shall be attached to the minutes of the hearing.
Article 212. Refusal of the plaintiff from the action, acceptance of the action by the
respondent and settlement agreement
(1) Refusal of the plaintiff from the action (nolle prosequi), acceptance of the action by the
respondent and terms and conditions of the settlement agreement shall be entered in the records
of the hearing and signed respectively by the plaintiff, the respondent or both parties.
(2) The presiding judge shall take measures to ensure that the parties resolve their dispute
or certain controversial questions in an amicable way. In order to do this, the court may, upon
request, give the parties time for reconciliation and require the parties to appear in person in
court, even if they are represented in the case by their representatives.
(3) If refusal of the plaintiff from the action, acceptance of the claim by the respondent or
the settlement agreement are expressed in the written statements addressed to the court, these
statements shall be attached to the materials of case, as should be indicated in the records of the
hearing.
(4) Prior to approving the plaintiff’s refusal from the action, acceptance of the claim by the
respondent, or approval of the settlement agreement of the parties, the court shall explain
respectively to the plaintiff, respondent or the parties the consequences of such procedural acts.
(5) Up approval by the court of the refusal of the plaintiff from the action or approval of
the settlement agreement of the parties, the court shall issue a ruling which shall terminate the
judicial proceedings. The court ruling should specify the terms of the parties' settlement
agreement, approved by the court. Upon acceptance of a claim by the respondent and approval
thereof by the court the latter shall issue a judgment on satisfaction of the plaintiff's claims.
(6) In case of rejection by the court of the plaintiff’s refusal from the action, or
respondent’s acceptance of the action or non-approval of a settlement agreement of the parties,
the court shall render a reasoned ruling and starts examination of the merits of the case.
Article 215. Warning the witness on liability for refusal to testify and for perjury
(1) Prior to the questioning of the witness presiding judge establishes his/her identity,
explains his/her rights and duties, and warns him/her of a criminal liability for refusal to testify
and for perjury. Witness signs the statement that he/she was notified of his/her duties and
liability. A signed statement shall be attached to the minutes of the hearing.
(2) A witness who is under 16 years, shall be clarified by the presiding clarifies of his/her
duty to truthfully tell all the facts known to him in this case, but he/she should not be warned
about the responsibility for refusing to testify and for perjury.
(3) A party who has requested to subpoena a witness in court may refuse to interrogate
him; however the other party may request that a witness who appeared at the hearing shall be
questioned.
Article 226. Playback of audio and video recording and their investigation
(1) On playback of audio and video recordings containing personal information, as well as
in course of their investigation, provisions of Article 223 shall apply.
(2) Playback of audio and video recordings shall be made in a courtroom or other specially
equipped room, with reflection in the minutes of the court meeting of the characteristic features
of the recording sources of evidence and with indication of the date of the playback. Thereafter,
the court shall hear the explanations of the participants. Playback of audio or video recordings
can be repeated in whole or in part.
(3) In order to determine the data contained in the audio or video recordings the court may
invite a specialist or, where there is a need, appoint an expert examination.
Chapter XVI
JUDGMENT
Article 252. Deferral and installment execution, change of the method and order of
execution
(1) The court that issued the judgment has the right to defer the execution or allow
execution in installment as well as change the method or order of its execution on the request of
the participants or at the proposal of a bailiff, taking into account the financial status of the
parties or other circumstances.
(2) The applications (motions) specified in paragraph (1) shall be examined in a court
meeting. Participants in a process are notified of the place, date and time of the hearing, but their
absence shall not preclude the examination.
(3) Ruling of the court on the issue of deferral or installment of the execution and changing
the method or the order of execution may be contested in cassation procedure.
(4) Pursuant to the provisions of this article execution of the settlement agreement may
approved by the court may be deferred or the order of its execution changed.
Article 257. The right of the court to order immediate execution of a judgment
[Article 257 repealed by Law No 5 of 15.01.2012, effective as of 07.03.2012]
[Article 257 repealed by Law No 184 of 27.08.2011, effective as of 28.08.2011]
Article 259. Obligation to send a copy of the judgment to the participants in a process
[Article 259 repealed by Law No 155 of 05.07.2012, effective as of 30.11.2012]
Chapter XVII
SUSPENSION OF PROCEEDINGS
Chapter XIX
LEAVING STATEMENT OF ACTION WITHOUT EXAMINATION
Chapter XX
COURT RULING
Chapter XXI
MINUTES (COURT RECORDS)
Article 2761. Providing copies of the minutes and audio and/or video recordings
(1) Participants in a process and their representatives are entitled to obtain a copy of the
minutes and a copy of the audio and/or video recordings of the hearing. A copy of the audio
and/or video recordings of the court session shall be provided by the court clerk further to a
written or verbal request of the participant or his representative for a fee, the amount of which is
set by the Government and shall not exceed the cost of the expenses of the court for providing
such copies.
(2) Provisions of paragraph (1) shall not apply in the case of proceedings in a closed court
session. In this case, the participants in a process and their representatives have the right to read
the minutes drafted in written form, take notes from the minutes and listen to or watch audio
and/or video recordings of the hearing.
Chapter XXII
PROCEEDINGS IN ADMINISTRATIVE CASES
C. SPECIAL PROCEEDINGS
Chapter XXIII
GENERAL PROVISIONS
Chapter XXIV
ESTABLISHMENT OF FACTS HAVING LEGAL RELEVANCE
Article 281. Cases concerning the establishment of facts having legal relevance
(1) The court shall establish the facts on which depend creation, alteration, or termination
of personal or property rights of individuals or organizations.
(2) The court examines the cases to establish the following:
a) kin relationships of persons;
b) the fact of the dependence of one person on another;
c) the fact of the registration of birth, adoption, marriage, divorce, or death;
d) the fact of the acknowledgment of paternity;
e) the fact of death of a person at a certain time under certain circumstances;
f) the fact of accepting the inheritance and place of opening of inheritance;
g) the fact of an accident occurrence;
h) the fact of possession, use and disposal of immovable property into ownership;
i) the fact of belonging of documents confirming the rights (except military documents,
identity cards, passports, certificates issued by authorities of civil status) to a person whose name
specified in the document does not match the name listed on the birth certificate, identity card or
passport;
j) the fact of cohabitation in cases prescribed by law;
k) the fact of political repression;
l) the fact of imprisonment of persons in concentration camps (ghettos);
m) the fact of dissemination of information, which violates honor, dignity and professional
reputation, if the author of information is unknown;
n) other facts having legal relevance.
Article 282. Conditions necessary to establish the facts having legal relevance
(1) The court shall establish the facts having legal relevance, under the following
conditions:
a) it generates, under the law, the following legal consequences: the emergence,
modification or termination of personal or real rights of the applicant;
b) the applicant has no other opportunity to obtain or recover documents confirming this
fact;
c) the finding is not related to resolution of a dispute that falls under court jurisdiction.
(2) If, during the hearing of the case on finding of the fact having legal relevance, there is a
dispute of law that falls out the courts’ jurisdiction, the court examines the application of this
finding in a special procedure.
Chapter XXV
APPROVAL OF ADOPTION
Chapter XXVI
RECOGNITION OF MINOR’S FULL LEGAL CAPACITY
(MINOR EMANCIPATION)
Chapter XXVII
DECLARING THE PERSON MISSING OR DECEASED
Chapter XXVIII
RECOGNITION OF LIMITED CAPACITY OR FULL LEGAL INCAPACITY
Chapter XXIX
APPROVAL OF FORCED HOSPITALIZATION AND FORCED TREATMENT
Chapter XXX
APPROVAL OF PSYCHIATRIC EXAMINATION OR HOSPITALIZATION OF A
PERSON IN AN INPATIENT PSYCHIATRIC UNIT
Chapter XXX1
APPLICATION OF PROTECTIVE MEASURES IN CASES OF DOMESTIC
VIOLENCE
Article 3181. Submission of application
(1) The application on disposal of protective measures shall be filed to the court by the
victim of domestic violence or his/her legal representative, and in case of a minor – by the
tutelage and guardianship authority. In case the victim fails to submit the application, at victim’s
request, an application may be filed by the prosecutor, social protection service authority or the
police.
(2) The application on disposal of protective measures shall be submitted to the competent
court at the place of residence or location of the victim or aggressor, the place where the victim
asked for assistance or the place where an act of violence took place.
Chapter XXXI
RESTORATION OF RIGHTS ARISING FROM LOST SECURITIES TO BEARER
AND ORDER SECURITIES NOTES (CALL PROCEDURE)
Article 321. Actions taken by the judge after receiving the application
(1) The judge after receiving the application for recognition of a lost document as invalid
issues a ruling on the prohibition for the institution (person) issuing the document to make any
payments or withdrawals based on it, and sends a copy of the ruling to the institution (person)
issuing the document, the person holding the register and the registrar.
(2) The judge issues a ruling on the publication in a local newspaper, on the account of the
applicant, of a notice of summons for the person holding the document. The notice shall contain:
a) the court where the application for the recognition of the lost document as invalid was
filed;
b) data on the person submitting the application, and place of residence;
c) the title and characteristics of the document;
d) a proposal addressed to the holder of the document whose loss is declared, to file an
application in court, within 3 months from the date of publication of the notice, to claim his
rights based on the document concerned.
(3) Refusal of the court to issue a ruling on the publication of the notice may be contested
in cassation procedure.
Article 323. Actions taken by the judge after receiving the application from the
document holder
(1) If the document holder applies to the court before the expiration of 3 months from the
date of notice publication, the court leaves the application of the person who lost the document
without examination and shall fix a term of maximum 2 months within which the issuing
institution (person) shall withhold from performing any payments and withdrawals based on it.
(2) The judge shall explain to the applicant his right to file an action for the recovery of
the lost document against the document holder, and to the document holder the right to claim the
damages from the applicant incurred due the court prohibition on the making payments and
withdrawals based on the disputed document.
(3) Definitions of the court made under this article may be contested in cassation
procedure.
Article 326. Right of the document holder to file an action for unjust acquisition of
property
The document holder that failed to file court his claims arising from the lost document
within the prescribed term, may file a claim for unjust acquisition of property against the person
who was entitled to the issuance of a new document,.
Chapter XXXII
RECOGNITION OF MOVABLE PROPERTY AS OWNERLESS
AND RECOGNITION OF MUNICIPAL OWNERSHIP
OVER THE OWNERLESS REAL ESTATE
Chapter XXXIII
FINDING INCORRECT ENTRIES
IN THE REGISTERS OF CIVIL STATUS
Chapter XXXIV
RECOVERY OF LOST COURT PROCEEDINGS
(RECOVERY PROCEDURE)
Article 339. Consequences of failure to comply with the content of the request
(1) Upon failure of the applicant to indicate the purpose of addressing the court for
recovery of lost proceedings, the court leaves the application without movement and provides the
applicant a reasonable term to indicate the purpose for such action.
(2) If the purpose of addressing the court indicated by the applicant is not related to
protection of his/her legitimate rights or interests, the court issues a grounded ruling on refusal to
open the case for recovery of lost judicial proceedings, or by a reasoned ruling leaves the
application without examination if the hearing was started.
(3) By a reasoned ruling, the court shall refuse to institute proceedings for recovery of lost
proceedings enclosing the enforcement documents, if it is possible to issue a duplicate of the writ
of execution or other document relating to enforcement proceedings.
Chapter XXXIV1
TEMPORARY SUSPENSION OF THE VALIDITY AND REVOCATION
OF LICENSES / AUTHORIZATIONS RELATED TO ENTREPRENEURSHIP
Chapter XXXV
COURT ORDER (SIMPLIFIED) PROCEEDINGS
Article 345. Claims on the basis of which the court order is issued
The court order shall be issued if:
a) the claim arises from a notarized juridical deed (transaction);
b) the claim results from a juridical deed concluded in a simple written form, unless the
law provides otherwise;
c) the claim is based on the protest of unpaid bill of exchange, the refusal of acceptance or
acceptance without date, legalized by a notary;
d) the claim concerns payment of the alimony for minor children and which does not
require establishment of paternity, contestation of paternity (maternity) or inviting to the case of
any other interested persons;
e) the claim concerns recovery by the employee of accrued but unpaid salary and other
related payments;
f) the claim of the police authority, tax authority or court bailiff concerns recovery of
expenses related to tracing a respondent or a debtor and his/her property, or a child who was
taken from the debtor on the basis of a court judgment, as well as costs for storage of the debtor's
property that has been seized, and the debtor's property, evicted from its premises;
g) the claim results from acquisition of certain property on a loan basis or from leasing
operations;
h) the claim arises from the failure to return books taken from the library;
i) the claim results from failure of the business entity to honor its debts to the Social Fund;
j) the claim results from tax or social insurance arrears;
k) the claim concerns execution of the mortgage rights;
l) the claim arises from non-payment by individuals and legal entities of mandatory health
insurance contributions;
m) the claim results from the provisions of paragraph (4) of Article 99 of the Code of
Execution;
n) the claim follows from fiscal invoices payable on the filing date.
E. INSOLVENCY
PROCEEDINGS
Chapter XXXVI
PROCEEDINGS ON DECLARING
INSOLVENCY
Article 355. Jurisdiction in declaration of insolvency
An application for declaration of insolvency shall be submitted to the competent Court of
Appeals of general jurisdiction in accordance with the provisions of the present code and other
applicable laws.
TITLE III
CONTESTATION OF COURT
JUDGMENTS
Chapter XXXVII
APPEAL
Article 358. Judgments which could be contested in appeal procedure and courts
having jurisdiction to examine appeals
(1) The judgments issued by the courts of the first level may be appealed to the courts of
appeal of the general jurisdiction.
(2) The judgments issued by Circuit Commercial Courts acting as courts of the first level,
can be appealed to the Court of Appeal of Chisinau.
[Paragraph (3) of Article 358 repealed by Law No 155 of 05.07.2012, effective as of 30.11.2012]
(4) Judgments issued by courts of appeal acting as courts of the first level, cannot be
contested by means of appeal.
(5) Judgments issued by courts of the first level rendered after retrial of the case, can be
contested according to the general rules on appeal.
Article 367. Actions of the court of the first level after receiving the appeal
(1) After receiving the appeal, the enclosed documents and other related evidence that was
not submitted during the trial examination, the president of the court of first level has to order
immediate registration of the application for appeal.
[Paragraph (2) of Article 367 repealed by Law No 155 of 05.07.2012, effective as of 30.11.2012]
(3) The next day after expiration of the term for appeal, the court of first level is required to
send the case file, the filed appeal and attached documents that were not submitted during trial
examination, to the court of appeal.
(4) Before the closing date of the term of appeal, no one has the right to obtain the case file
from the first instance courts. Participants to the proceedings can learn about the materials
included in the case file, the filed appeals and opposing response, as well as the new evidence
submitted with the appeal and can file grounded response against appeals and responses.
Article 371. Period for review of the case by the court of appeal
After the closing date for preparation for the hearings, the appeal shall be reviewed within
a reasonable period of time.
Article 372. Filing new evidence and claims with the court of appeal
(1) The parties and other participants have the right to file new evidence if they were
unable to do so during trial examination.
(11) The court of appeal is not entitled to accept evidence that could have been filed by the
participants during trial examination, except for the situation described in paragraph (1).
(12) If the parties and other participants in the proceedings claim the need for new evidence
to be filed, they must specify the evidence, means by which the evidence can be filed, as well as
the reasons to prevent their filing during trial examination by the court of the first level.
(2) Witnesses heard during trial examination can be summoned by the appellate court, if
their evidence is challenged.
(3) The standing of the parties, the grounds or subject of the case cannot be changed during
appeal; neither can new claims be presented. Interest, rates and revenues that have matured can
be claimed, any other damages that were produced after the judgment of the first level court was
issued can be the object of legal compensation.
Article 378. Announcement of the judge panel. Explanation of the right of recusation
(1) The presiding judge shall announce the panel and inform participants in the
proceedings that they have the right to make recusations.
(2) The grounds for recusation or self-recusation, the settlement method and effects of
admission are regulated under Articles 49-54.
(3) The presiding judge shall explain to the participants in the proceedings their procedural
rights and obligations.
Article 386. Grounds for quashing or modifying judgments by the appellate court
(1) The judgment of the court of the first level should be quashed or modified by the
appellate court if:
a) the circumstances important for solving the case were not fully determined and clarified;
b) the circumstances important for solving the case, deemed to be determined by the court
of the first level, have not been backed by reliable and sufficient evidence;
c) the findings of the court of the first level, stated in the judgment, contradict the
circumstances of the case;
d) substantive or procedural legal rules have been violated or misapplied.
(2) A judgment that is legal on the merits cannot be quashed only for formal reasons.
f) the judgment is not signed by the judge or one of the judges or the judgment is signed by
a different judge or judges than those mentioned in the judgment;
g) the minutes of the hearing are not attached to the case file;
h) the minutes regarding the carrying out of a procedural act are not attached to the case
file;
i) the case was tried in violation of the rules regarding jurisdiction.
(2) Committing violations other than those listed in paragraph (1) may serve as a reason for
quashing the judgment only if these violations led or could lead to an erroneous settlement of the
case.
Article 389. Reaching and communicating the resolution
(1) Upon the conclusion of the case examination and pleadings, the panel of judges shall
retire to the deliberation room in order to reach a resolution.
(2) After deliberation, the panel communicates the operative part of the resolution. The
operative part of the resolution must be signed by all the panel judges and attached to the case
file.
(3) In case that while reaching the resolution a dissenting opinion is expressed, it shall be
attached to the case file.
(4) The complete resolution shall be made available within 15 days from the
communication of the operative part of the resolution.
(5) If one of the panel judges is unable to sign the complete resolution, the president of the
panel will sign instead, and if the president of the panel is unable to sign, the president of the
court will sign instead. In all cases, the reason for the impossibility of signing will be written on
the resolution.
(6) The complete resolution shall be sent to the parties within five days of the signing date.
(7) The resolution of the appellate court can be challenged in a superior court according to
the provisions of this code.
Article 393. Quashing the resolution and termination of proceedings or striking out
the application
(1) The first instance judgment shall be quashed by the appellate court that shall rule by
means of a resolution the termination of the proceedings or striking out the application, if there
are any reasons provided for in Articles 265 and 267.
(2) The resolution of the appellate court on terminating the proceedings or striking out the
application can be challenged in a higher court.
Article 395. Trial of an appeal received after the review of the case in an appellate
court
[Article 395 repealed by Law No 155 of 05.07.2012, effective as of 30.11.2012]
Article 396. Restitution of the case to the court of the first level
After the review of the case in an appellate court, the case file is returned to the first level
court.
Chapter XXXVIII
CASSATION PROCEEDINGS
Part 1
Cassations against rulings of the court
Article 406. Actions of the court whose decision is being contested in cassation
procedure
[Article 406 repealed by Law No 155 of 05.07.2012, effective as of 30.11.2012]
Article 412. Refusal of the plaintiff from the action and settlement agreement
[Article 412 repealed by Law No 155 of 05.07.2012, effective as of 30.11.2012]
Article 427. Powers of the court in examining cassations filed against the ruling
The court of cassation, after examining a cassation contestation against the ruling, is
entitled to:
a) dismiss the cassation and uphold the ruling;
b) admit the cassation and quash the ruling in whole or in part, remanding the case for
retrial;
c) admit the cassation and quash the ruling in whole or in part, decide on the merits of the
matter by issuing a resolution.
Article 428. Legal force of the resolution issued by the court of cassation on cassation
filed against the ruling
(1) The resolution of the court of cassation issued after examining the cassation filed
against the ruling remains irrevocable since issuance. The resolution shall be published on the
website of the court within 5 days as of the issuing date.
(2) A copy of the resolution shall be sent to the parties within 5 days from the date of issue.
Section 2
Cassation filed against the disposition acts issued by the courts of appeal
e) name of the court that issued the resolution within the appeal proceedings, the date of
delivery and the part of the resolution containing the decision of the court, the arguments for
acceptance or rejection of the appeal application, as it might be the case;
f) nature and grounds of cassation, the argument for the illegality of the contested
resolution, the claims and proposals of the cassation appellant;
g) the date of submission of the cassation and the cassation appellant's signature.
(2) The application on cassation shall enclose the proof of payment of the state duty, if the
cassation is subject to a state duty.
(3) If the cassation is filed by a representative, the application on cassation shall enclose
the document, duly notarized, proving its empowerments if such a mandate is missing in the file
case.
Article 440. Procedure for dealing with the issue of cassation admissibility
(1) Upon finding the presence of one of the grounds provided for in Article 433, the panel
of 3 judges shall unanimously decide, by a grounded and irrevocable ruling on the
inadmissibility of cassation. The ruling shall be issued according to Article 270 and shall not
include any consideration as to the merits of the cassation.
(11) The ruling on the inadmissibility of cassation shall be published on the website of the
Supreme Court of Justice on the date of issue and shall be sent to all participants in the
proceedings and their representatives.
(2) The admissibility of cassation shall be decided without the presence of participants in
the proceedings or their representatives, by issuing a non-motivated ruling which shall be
mentioned on the website of the Supreme Court of Justice.
Article 450. Terms for filing the application for revision and their calculation
The application for revision shall be filed within the following terms:
a) within 3 months as of the date the judgment in the criminal case becomes irrevocable in
the case specified in letter a) of Article 449;
b) within 3 months as of the date when the person concerned became aware of the
circumstances relevant to the case or facts that were not and could not have been known to it
before but not later than 5 years as of the date the judgment, ruling or resolution became
irrevocable in the case specified in letter b) of Article 449;
c) within 3 months as of the date when the person concerned became aware of the relevant
circumstances in the case specified in letter c) of Article 449;
d) within 3 months as of the date the person concerned has learned about the annulment or
amendment of the judgment, ruling or resolution that served as ground for issuance of the
judgment or resolution whose revision is required in the case specified in letter e) of Article 449,
that gave rise to the judgment or decree, which requires revision;
e) within the term that the settlement procedure at the European Court of Human Rights, in
the case specified in letter g) of Article 449;
f) within 6 months as of the date the European Court of Human Rights issues the judgment
or the resolution, in the case specified at letter h) of Article 449.
[Paragraph (3) of Article 451 repealed by Law No 155 of 05.07.2012, effective as of 30.11.2012]
(4) Repeated submission of the application for revision on the same grounds is not allowed.
(5) The court examining the revision is entitled to stay the enforcement of the judgment
whose revision is required provided that an assurance bail is submitted as provided in Article
435.
TITLE IV
PROCEEDINGS IN CASES HAVING
A FOREIGN ELEMENT
Chapter XL
GENERAL PROVISIONS
Article 455. Procedural legal capacity and procedural active capacity of foreigners
and persons without citizenship
(1) The procedural legal capacity and procedural active capacity of foreigners and persons
without citizenship is governed by their national law.
(2) The national law of the foreigner is the law of the state whose citizenship he / she
holds. If the citizen is simultaneously holding the Moldovan citizenship and the citizenship of
another state, his / her national law shall be deemed to be the law of the Republic of Moldova. If
the person holds citizenship of several states, the national law is considered the law of the
domicile. If the foreigner has domicile in the Republic of Moldova, his / her national law is
considered the law of the Republic of Moldova.
(3) The national law of the person without citizenship is considered to be the law of the
domicile.
(4) The person who, under the national law, does not benefit from the ability to exercise his
procedural rights may be recognized on the territory of the Republic of Moldova, as having legal
capacity if, under the Moldovan laws, the person concerned has the ability to exercise these
rights.
Article 457. Actions filed against other states and international organizations. The
diplomatic immunity
(1) The filing of an action in a court of the Republic of Moldova against another state,
involvement thereof in the proceedings under the status of a respondent or third party, the seizure
of its property located in the Republic of Moldova or institution of other measures of
preservation against its property, or seizure under the proceedings on judgment enforcement shall
be done only with the consent of the competent authorities of the respective State, if the national
law or the international treaty to which the Republic of Moldova is a party provides otherwise.
(2) In civil proceedings, the international organizations fall under the jurisdiction of the
courts of the Republic of Moldova within the limits set by the international treaties and the laws
of the Republic of Moldova.
(3) In civil proceedings, the diplomatic representatives of other states accredited to the
Republic of Moldova and other persons mentioned in the international treaties or the laws of the
Republic of Moldova, are subject to the jurisdiction of the courts of the Republic of Moldova
within the limits set by the international law or by the international treaties to which the Republic
Moldova is a signatory.
Article 458. Applicable law, rules of evidence in civil trials with foreign element
(1) In civil proceedings having a foreign element, the courts from the Republic of Moldova
apply the procedural law of the country, if it has not explicitly stated otherwise.
(2) The subject and the ground of the civil proceedings having a foreign element are
determined by the law governing the substance of the disputed legal relationship. The same law
determines the procedural status of the parties.
(3) The means of evidence to prove the existence of a legal act and the proving value of the
written document that it states, are those provided by the law of the place where it was entered
into or the law chosen by the parties if they are vested with the right to choose.
(4) The proof of the facts shall be done under the law of the place where it occurred.
However, it is possible to apply the law of the Republic of Moldova if it allows for means of
evidence, other than those specified in paragraph (3).
(5) Proof of marital status and the proving value of the documents on the civil status are
regulated by the law of the place where the document concerned was entered.
(6) The court shall administer the evidence in accordance with the law of the Republic of
Moldova.
Chapter XLI
JURISDICTION OF THE COURTS OF THE REPUBLIC OF MOLDOVA
IN MATTERS HAVING FOREIGN ELEMENTS
Article 460. Jurisdiction of courts in the Republic of Moldova for matters having a
foreign element
(1) The courts in the Republic of Moldova have also jurisdiction to examine lawsuits
having a foreign element if:
a) The managing body or a branch, agency, the representative office of a foreign entity is
located in the Republic of Moldova;
b) the respondent has property in the Republic of Moldova;
c) in cases of alimony and paternity the plaintiff has his domicile in the Republic of
Moldova;
d) damage caused by injury or other impairment of health or death occurred on the territory
of the Republic of Moldova or the plaintiff has his/her domicile in the Republic of Moldova;
e) the action or other circumstances that served as ground for making a claim for damages
caused to property occurred on the territory of Republic of Moldova;
f) the claim arises from a contract under which a full or partial enforcement is to occur or
has occurred on the territory of the Republic of Moldova;
g) the claim results from unjust enrichment which has occurred on the territory of Republic
of Moldova;
h) in case of divorce, the plaintiff has his/her domicile in the Republic of Moldova, or at
least one spouse is a citizen of the Republic of Moldova;
i) in case of protection of honor, dignity and professional reputation the plaintiff has his/her
domicile in the Republic of Moldova;
j) in cases concerning the protection of intellectual property abroad of a person domiciled
in the Republic of Moldova, if the person is a citizen of the Republic of Moldova or a person
without citizenship, if the parties did not agree otherwise;
k) the trial between foreign entities if the parties expressly agreed so, and legal
relationships refer to rights that they may have in respect of property or interests of individuals
from the Republic of Moldova;
l) other cases provided by law.
(2) If a foreign court stated that it has no jurisdiction to hear the application filed by a
citizen of the Republic of Moldova, the application may be submitted to the competent court in
the Republic of Moldova.
Article 461. Exclusive jurisdiction of the courts in the Republic of Moldova for
matters having a foreign element
(1) The courts in the Republic of Moldova have exclusive jurisdiction on matters having a
foreign element if:
a) the claim follows from the right to immovable property located on the territory of the
Republic of Moldova;
b) the insured property or place of occurrence of the insured risk is in the Republic of
Moldova;
c) the claim follows from a carriage agreement, and the carriers or the points of
embarkation and disembarkation are located in the Republic of Moldova;
d) the claim relates to the collision of ships or aircrafts, as well as to the assistance
provided to or rescue of persons or property on the high seas, if the ship or aircraft belongs to the
Republic of Moldova or the destination or the first port or airport, where the ship or the aircraft
arrived, are located on the territory of Republic of Moldova;
e) the ship or the aircraft was seized in the Republic of Moldova;
f) the purpose of the proceedings is the commencement of insolvency or of any other
proceedings on termination of payments in respect to a foreign business entity, headquartered in
the Republic of Moldova;
g) if on the date of submission of the application on termination, cancellation or
invalidation of marriage, as well as other disputes between spouses, except for those related to
real estate located abroad, both spouses are domiciled in the Republic of Moldova and one of
them is a citizen of the Republic of Moldova or a person without citizenship;
h) the last domicile of the deceased or his/her property is located in the Republic of
Moldova.
(2) The courts in the Republic of Moldova hear cases under the rules governing the special
proceedings, if:
a) the applicant that wants to establish a fact having legal relevance is domiciled in the
Republic of Moldova or the fact occurred or is occurring on the territory of Republic of
Moldova;
b) the person in whose respect a question is being raised on the following: approval of
adoption (adoption), recognition of a minor’s full legal capacity (emancipation), recognition as
incapable or incompetent, approval of forced hospitalization and forced treatment, psychiatric
hospitalization or prolongation of hospitalization without consent, is a citizen of the Republic of
Moldova, or is domiciled in the Republic of Moldova;
c) the person in whose respect a question is being raised on the following: recognition as
missing or deceased, is a citizen of the Republic of Moldova or his/her last known domicile is in
the Republic of Moldova and the resolution of this issue entails emergence of rights and
obligations for individuals or organizations domiciled or headquartered on the territory of the
Republic of Moldova;
d) an application was filed for invalidation of lost securities to bearer note or order
securities notes issued by a natural person or to a natural person domiciled in the Republic of
Moldova, or issued by an organization or to an organization headquartered in the Republic of
Moldova, or an application for recovery of rights arising from lost securities to bearer and order
securities notes (call procedure);
e) application on recognition of a movable property as ownerless that is located on the
territory of the Republic of Moldova, or an application for recognition of municipal ownership
over the ownerless real estate located on the territory of Republic of Moldova;
f) application on finding incorrect entries in the registers of civil status, recorded by the
civil status registering office of the Republic of Moldova, in respect to a citizen of the Republic
of Moldova or a person without citizenship;
g) the application is to challenge a notarized document or a document issued by another
authority from the Republic of Moldova, or refusal to fulfill a document.
(3) The jurisdiction of the courts in the Republic of Moldova, established by this article and
Article 460, is not ruled out if the same case or a related case was filed with a foreign court.
Chapter XLII
RECOGNITION AND ENFORCEMENT
OF FOREIGN JUDGMENTS AND ARBITRAL AWARDS
Article 472. Recognition of foreign judgments which does not require enforcement
(1) The foreign judgment, which does not require enforcement, shall be recognized without
further proceedings, if the interested party did not file any objections against it.
(2) Any interested person may, within one month after becoming aware of the receipt of the
foreign judgment, file with the court at the place of domicile or headquarters any objections in
respect to the recognition of the judgment.
(3) Objections filed against the recognition of foreign judgments shall be examined under a
public hearing and with the duly notification of the interested person of the place, date and time
of the hearing. Failure of the interested person to participate in the hearing without grounded
reason does not preclude examination of the objections.
(4) The court may satisfy the grounded request of the person concerned to adjourn
examination of objections, notifying him about the adjournment.
(5) Upon examination of objections to the recognition of a foreign judgment, the court
shall issue a ruling.
(6) The copy of the court ruling shall be sent within 5 days from the date of its adoption, to
the person at whose request the foreign judgment was issued and to the person objecting to the
recognition of the judgment. The ruling may be challenged to a higher court under the terms
established by the present code.
Article 473. Refusal of recognition of foreign judgment
Refusal to recognize a foreign judgment, which does not require enforcement, is allowed
on the grounds specified in paragraph (1) of Article 471.
TITLE V
CHALLENGING ARBITRATION AWARDS IN COURTS AND GRANTING
THE WRIT OF EXECUTION ON ARBITRAL AWARDS
Chapter XLIII
CHALLENGING ARBITRATION AWARDS IN COURTS PROCEEDINGS
(4) The application for annulment of the arbitral award is subject to state duty in the
amount prescribed by law for the application for granting of a writ of execution.
Article 481. Court ruling on the question of challenging the arbitral award
(1) After examining the application for annulment of the arbitral award, the court shall
issue a ruling on the full or partial annulment of the arbitral award or the refusal to annul the
award.
(2) The court ruling on the question of challenging the arbitral award shall contain:
a) details of the arbitral award subject to challenge and the place it was made;
b) The name and personal composition of the arbitral tribunal which made the challenged
award;
c) the name or names of the parties to the arbitration proceedings;
d) an indication of the full or partial annulment of the arbitral award or the denial to satisfy
the in whole or in part the application.
(3) Whole or partial annulment of the arbitral award does not preclude the right of the
parties to the arbitration proceedings to revert to an arbitration court to resolve the dispute,
except where the dispute cannot be subject of arbitration proceedings, or to file an action in court
under the rules established by the present code.
(4) If the arbitral award is annulled in whole or in part because of the avoidance of the
arbitration agreement or if the award was made on a dispute not covered by the arbitration
agreement or falls outside the requirements of the arbitration agreement, or solves matters
beyond the scope of the arbitration agreement, the parties to the arbitration proceedings may file
an action in court, according to the general rules established by the present code.
(5) The court ruling regarding the annulment of the arbitral award or refusal of annulment
may be challenged in the manner and within the timeframe established by the present code.
Chapter XLIV
PROCEEDINGS CONCERNING ISSUANCE OF WRITS OF EXECUTION
FOR ENFORCEMENT OF ARBITRATION AWARDS
________________
* * Amended by laws of the Republic of Moldova:
1) Decision of the Constitutional Court No 2 of 19.02.2004 – Official Gazette of the Republic of Moldova, 2004,
№ 39-41, ст.9
2) Law No 399-XV of 16.10.2003 – Official Gazette of the Republic of Moldova, 2003, No 221, ст.860
3) Law No 544-XV of 19.12.2003 – Official Gazette of the Republic of Moldova, 2004, No 6, ст.66
4) Law No 573-XV of 26.12.2003 – Official Gazette of the Republic of Moldova, 2004, No 56-60, ст.320
5) Law No 303-XV of 23.09.2004 – Official Gazette of the Republic of Moldova, 2004, No 182-185, ст.814
6) Law No 60-XVI of 28.04.2005 – Official Gazette of the Republic of Moldova, 2005, No 92-94, art.431
7) Law No 154-XVI of 21.07.2005 – Official Gazette of the Republic of Moldova, 2005, No 126-128, art.611
8) Law No 205-XVI of 28.07.2005 – Official Gazette of the Republic of Moldova, 2005, No 126-128, art.613
9) Law No 335-XVI of 16.12.2005 – Official Gazette of the Republic of Moldova, 2006, No 1-4, art.22
10) Law No 244-XVI of 21.07.2006 – Official Gazette of the Republic of Moldova, 2006, No 178-180, art.814
11) Law No 258-XVI of 29.11.2007 – Official Gazette of the Republic of Moldova, 2008, No 14-15, art.48
12) Law No 286-XVI of 20.12.2007 – Official Gazette of the Republic of Moldova, 2008, No 37-39, art.104
13) Law No 2-XVI of 07.02.2008 – Official Gazette of the Republic of Moldova, 2008, No 42-44, art.121
14) Law No 84-XVI of 17.04.2008 – Official Gazette of the Republic of Moldova, 2008, No 88-89, art.318
15) Law No 89-XVI of 24.04.2008 – Official Gazette of the Republic of Moldova, 2008, No 99-101, art.366
16) Law No 281-XVI of 14.12.2007 – Official Gazette of the Republic of Moldova, 2008, No 102, art.376
17) Law No 238-XVI of 13.11.2008 – Official Gazette of the Republic of Moldova, 2008, No 215-217, art.796
18) Law No 15-XVI of 03.02.2009 – Official Gazette of the Republic of Moldova, 2009, No 57-58, art.163
19) Law No 108-XVIII of 17.12.2009 – Official Gazette of the Republic of Moldova, 2009, No 193-196, cт.609
20) Law No 107 of 04.06.2010 – Official Gazette of the Republic of Moldova, 2010, No 126-128, art.404
21) Law No 102 of 28.05.2010 – Official Gazette of the Republic of Moldova, 2010, No 135-137, art.476
22) Law No 167 of 09.07.2010 – Official Gazette of the Republic of Moldova, 2010, No 155-158, art.551
23) Law No 88 of 21.04.2011 – Official Gazette of the Republic of Moldova, 2011, No 107-109, art.284
24) Law No 115 of 23.06.2011 – Official Gazette of the Republic of Moldova, 2011, No 128-130, art.363
25) Law No 140 of 28.07.2011 – Official Gazette of the Republic of Moldova, 2011, No 146, art.446
26) Law No 163 of 22.07.2011 – Official Gazette of the Republic of Moldova, 2011, No 146, art.448
27) Law No 184 of 27.08.2011 – Official Gazette of the Republic of Moldova, 2011, No 146, art.450
28) Law No 208 of 21.10.2011 – Official Gazette of the Republic of Moldova, 2011, No 222-226, art.619
29) Decision of the Constitutional Court No 3 of 09.02.2012 – Official Gazette of the Republic of Moldova, 2012,
No 38-41, art.7
30) Law No 5 of 15.01.2012 – Official Gazette of the Republic of Moldova, 2012, No 46-47, art.138
31) Law No 29 of 06.03.2012 – Official Gazette of the Republic of Moldova, 2012, No 48, art.146
32) Law No 23 of 01.03.2012 – Official Gazette of the Republic of Moldova, 2012, No 54-59, art.172
33) Law No 37 of 07.03.2012 – Official Gazette of the Republic of Moldova, 2012, No 60-62, art.195
34) Law No 33 of 06.03.2012 – Official Gazette of the Republic of Moldova, 2012, No 99-102, art.330
35) Law No 120 of 25.05.2012 – Official Gazette of the Republic of Moldova, 2012, No 103, art.353
36) Law No 155 of 05.07.2012 – Official Gazette of the Republic of Moldova, 2012, No 185, art.622
37) Law No 219 of 19.10.2012 – Official Gazette of the Republic of Moldova, 2012, No 248-251, art.806
38) Law No 306 of 26.12.2012 – Official Gazette of the Republic of Moldova, 2013, No 27-30, art.104
39) Law No 283 of 13.12.2012 – Official Gazette of the Republic of Moldova, 2013, No 83-90, art.267
40) Law No 31 of 07.03.2013 – Official Gazette of the Republic of Moldova, 2013, No 69-74, art.223