Civil Procedure Code - AI Search

The 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 enforcement proceedings.

See general information about the Judicial System of the Republic of Moldova and Supreme Court of Justice.

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.

The Code consists of five Sections:

Section I. General Dispositions (art. 1-165)
Article 14. Judicial dispositional acts
(1) When adjudicating civil cases in the first instance, judicial acts are issued in the form of a judgment, conclusion and ordinance.
(2) The disposition of the first instance by which the merits of the case are resolved is issued in the form of a decision (judgment).
(3) The disposition of the first instance by which the merits of the case are not resolved is issued in the form of a conclusion (non-final decision).
(4) The judicial disposition is issued when examining in the first instance the cases specified in art. 345 ("Order (simplified) proceedings").
(5) The judicial disposition by which the merits of the appeal and the appeal are resolved is issued in the form of a decision, and when resolving issues that do not resolve the merits of the appeal and the appeal, the disposition is issued in the form of a conclusion (non-final decision).
Section II. First-Instance Procedure (art. 166-365)
Contentious procedure (Mandatory stages): (art. 166-276)
- Filing a summons (art. 166-173)
- Securing the action (art. 174-182)
- Preparing the case for judicial debates (art. 183-191)
- Judicial debates (art. 192-236)
- Judicial decision (art. 238-258)
- Article 241. Content of the decision
  (1) The court adopts the decision in the name of the law.
  (2) The judicial decision consists of the introductory part and the operative part. In the cases provided for in art. 236 para. (5), the judicial decision consists of the introductory part, the descriptive part, the reasoning and the operative part. Each part of the decision shall be highlighted separately in its text.
  (3) The introductory part shall indicate the place and date of adoption, the name of the court that pronounces it, the names of the members of the panel of judges, the clerk, the parties and other participants in the trial, the representatives, the subject of the dispute and the claim submitted to the court, the mention of the public or closed nature of the hearing.
  (4) The descriptive part shall briefly indicate the claims of the plaintiff, the objections of the defendant and the explanations of the other participants in the trial.
  (5) The reasoning shall indicate: the circumstances of the case, established by the court, the evidence on which its conclusions regarding these circumstances are based, the arguments invoked by the court when rejecting some evidence, the laws by which the court was guided.
  (6) The operative part shall include the conclusion of the court regarding the admission or rejection of the action in whole or in part, the distribution of the court costs, the way and deadline for appealing the decision.
- Article 254. Final and irrevocable court decisions
  (1) The court decisions issued in the first instance, subject to appeal, after the examination of the case on appeal, shall remain final.
- Article 255. Enforcement of the judgment
  The judgment shall be executed voluntarily, in the manner established by law, within a maximum period of 15 days after it becomes final, with the exception of the judgments provided for in art. 256. After the expiry of the term provided for in this article or the term established in accordance with the provisions of art. 256 paragraph (1¹), the creditor may request forced execution under the terms of the Executive Code (Enforcement Code).
- Judicial conclusion (non-final judicial decision) (art. 269-272)
- Article 269. Pronouncing the judicial concludion
  (1) The dispositions of the first instance or of the judge by which the case is not resolved on the merits are issued in the form of a non-final decision. This is issued in the deliberation chamber under the conditions of art. 48.
- Process-Minutes (art. 273-276)
Section III. Ways for challenging judicial decisions (art. 357-453)
- Appeal procedure (art. 357-396) and Summary
- Recourse procedure:
-- Section 1. Recourse against court conclusions (non-final decisions) (art. 423-428) and Summary
-- Section 2. Recourse against court dispositions of the Courts of Appeal (art. 429-445) and Summary
- Review of court decisions (Revision remedy) art. 446-453) and Summary
Section IV. Procedure in cases complicated by a foreign element (art. 454-476)
Guarantees foreign citizens and organizations equal procedural rights and obligations with Moldovan residents.
Section V. Procedure in cases challenging arbitration decisions and issuing writs of execution for the enforcement of arbitration decisions, and approving settlement agreements (art. 477-490)

Basic principles of civil procedure:

Article 19. Administration of justice only by courts
Article 20. Independence of judges and their subordination only to the law
Article 21. Sole and collegial consideration of cases
Article 22. Equality of all before the law and justice
Article 23. Publicity of court proceedings
Article 24. Language of Proceedings and the Right to an Interpreter
Article 25. Directness and Orality of Court Proceedings
Article 26. Adversarial Proceedings and Procedural Equality of the Parties
Article 27. Availability of rights of participants in the process

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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