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Civil Procedure Code - AI Search

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Civil Procedure Code - AI Search

Civil Procedure Code of the Republic of Moldova regulates civil procedural relations in the administration of justice by courts (judicial authorities) of general jurisdiction when considering cases of claim proceedings.

The procedure for considering civil cases in courts of general jurisdiction is determined by the Constitution of the Republic of Moldova, decisions and decisions of the European Court of Human Rights and decisions of the Constitutional Court, this Code and other organic laws. The norms of civil procedural law contained in other laws must comply with the basic provisions of the Constitution of the Republic of Moldova and this Code.

The legislation on civil proceedings establishes the procedure for considering cases of claim proceedings arising from civil, family, labor, housing, land, environmental and other legal relations, cases of special proceedings, order (simplified) proceedings and execution proceedings.

Main Provisions of the Civil Procedure Code:

  • Subject of Regulation: The Code establishes the procedure for considering civil cases arising from civil, family, labor, housing, land, environmental, and other legal relations.
  • Procedural Stages: The Code regulates the various stages of civil procedure, including the initiation of a case, preparation for trial, the trial itself, as well as proceedings in appellate and cassation courts and revision proceedings.
  • Types of Proceedings: The Code establishes procedures for the consideration of claims, special proceedings, and summary (simplified) proceedings.
  • Application: The rules of the Code apply to the consideration of cases and the execution of judicial decisions, as well as the decisions of other bodies.

Applicability

  • Claim Cases: Governs cases arising from civil, family, labor, housing, land, and other legal relations.
  • Special Proceedings: Covers specific categories of cases not related to litigation, including the establishment of facts of legal significance, adoption of a child, the return of a child to the country of permanent residence or the exercise of the right of access, the declaration of a minor's full legal capacity (emancipation), the declaration of a person as missing or deceased, contractual and judicial protection measures, the approval of involuntary hospitalization and treatment, etc. For a detailed understanding of the specific features of special proceedings, it is recommended to read Articles 279 and 280 of the Civil Procedure Code of the Republic of Moldova.
  • Order (simplified) proceedings: An order procedure is a simplified process for considering a creditor's claims without a full trial, with the possibility of quickly obtaining a writ of execution. Articles 344–354 deal with the court order, the grounds for its issuance, the requirements for which it is issued, and the procedure for issuing a court order to a creditor.

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