Civil Laws at Moldova
Moldova operates under a civil law system, heavily influenced by the German and French legal traditions, particularly after reforms following its independence from the Soviet Union. The primary source of civil law is the Civil Code of the Republic of Moldova (Law No. 1107-XV of 2002, with subsequent amendments), which came into force in 2003. This comprehensive code repealed the previous Soviet-era civil legislation and aimed to align Moldova's legal framework with European standards.
Here's an overview of key areas within Moldovan civil law:
1. The Civil Code of the Republic of Moldova:
The Civil Code is a foundational and comprehensive document. Its basic principles include:
Equality of parties in civil relationships.
Inviolability of ownership (property rights).
Freedom of contract.
Prohibition of arbitrary interference in private affairs.
Free exercise of civil rights and guaranteed judicial protection for violated rights.
Good faith in the exercise of rights and performance of obligations.
It regulates the legal status of participants in civil circulation, the grounds for property rights, contractual and other obligations, and other property and non-property relationships. It also specifies that family, housing, and labor relations are regulated by the Civil Code and other specific laws.
2. Main Branches of Civil Law in Moldova:
Contract Law (Avtalsrätt):
Primarily governed by Book III of the Civil Code.
Covers general principles of contracts, including offer, acceptance, validity, voidness, and enforceability.
Also details specific types of contracts such as sale, lease, loan, service agreements, mandate, and factoring.
Recent amendments, like Law No. 66/2025 (effective October 22, 2025), aim to strengthen the enforceability of payment obligations in commercial transactions, aligning with EU directives.
Property Law (Dreptul de proprietate):
Governed by the Civil Code (particularly Book II) and specialized laws like the Land Code (Codul Funciar).
Recognizes various types of property: private, collective (e.g., cooperatives), and state.
Covers ownership rights, possession, use, administration, and various ways of acquiring property (e.g., production, acquisition through transaction, inheritance, restoration of rights).
Includes provisions for common (mutual) property and the use of land for agricultural purposes.
Family Law (Dreptul familiei):
Regulated by the Family Code of the Republic of Moldova.
Covers marriage, divorce, child custody, parental rights and obligations (including financial support), adoption, and other domestic matters.
Parental rights include care, supervision, and determination of the child's place of residence. Parental rights terminate on a child's or parent's death, adoption, or withdrawal of rights (which can be court-ordered).
Amendments in 2018 simplified divorce procedures by joint consent, particularly if there are no disagreements over common property or child maintenance/education.
Inheritance Law (Dreptul succesoral):
Mainly governed by the Civil Code (especially Book VI) and the Law on Notarial Activity.
Distinguishes between intestate succession (without a will) and testate succession (with a will).
Intestate Succession: Establishes a legal order of heirs, typically prioritizing spouses and children, then parents and siblings, etc.
Testate Succession (Wills): Individuals can make a will to dispose of their property.
Recent Changes (effective January 1, 2026): Significant amendments are set to simplify inheritance procedures. Key changes include the reintegration of the surviving spouse into the first class of legal heirs (granting them household items in the common dwelling in addition to their share) and extending the legal term for accepting or renouncing an inheritance from six to twelve months.
Private International Law: Moldovan law generally applies the law of the deceased's nationality for movable property and the law of the property's location (lex rei sitae) for immovable property in cases of intestacy. A foreign testator may choose the law applicable to their succession in their will.
Tort Law (Skadeståndsrätt / Răspunderea delictuală - Delictual Liability):
Regulated by the Civil Code (specifically Book V, Chapter II, "Delictual Liability").
Deals with compensation for damages or losses (pecuniary and non-pecuniary) caused by one party to another as a result of an unlawful act, negligence, or other civil wrong.
Modern provisions are considered advanced, incorporating concepts like compensation for "biological damage" and unlawful impairment of business.
Civil Procedure (Procedură civilă):
Governed by the Code of Civil Procedure of the Republic of Moldova (Law No. 225-XV of 2003, with amendments).
Outlines the rules for court organization, jurisdiction, evidence, appeals, and enforcement of judgments in civil cases.
The judicial system consists of ordinary Courts, Courts of Appeal, and the Supreme Court of Justice.
Recent amendments (e.g., 2018) simplified hearing minutes (prioritizing audio recording), introduced electronic filing with qualified electronic signatures (being tested), allowed videoconferencing for witness hearings, and introduced simplified procedures for small claims.
Important Considerations:
EU Harmonization: As a candidate country for European Union membership, Moldova is actively engaged in harmonizing its legislation with the acquis communautaire (the body of EU law), which significantly impacts its civil law framework, particularly in areas like consumer protection, commercial law, and intellectual property.
Constitutional Court: The Constitutional Court ensures that all laws, including civil laws, comply with the Constitution.
International Treaties: If an international treaty to which Moldova is a party establishes rules that differ from those in Moldovan civil legislation, the provisions of the international treaty generally apply.
For detailed and up-to-date information on specific civil law matters in Moldova, it is highly advisable to consult with a qualified Moldovan legal professional.
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