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 enforcement proceedings.

See general information about the Judicial System of the Republic of Moldova.

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.

The main Legal basis of the Republic of Moldova

Civil Procedure Code of the Republic of Moldova* No. 225/2003
Civil Code of the Republic of Moldova* No. 1107/2002

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Courts of the Republic of Moldova

Law on State Fees of the Republic of Moldova

Law of the Republic of Moldova No. 213/2023 regulates the collection of State fees and Stamp duties for a specified list of legally significant actions and the issuance of documents by state bodies, including applications to the court (claims, appeals, cassation complaints), applications to challenge the acts and actions of an court executor (bailiff), issuance of copies (duplicates) of documents by the court, review of applications for citizenship of the Republic of Moldova, issuance of temporary or permanent residence permits, issuance/restoration of civil status documents (passports, birth certificates, marriage certificates, etc.), state registration at the place of residence and/or temporary stay, execution of notarial acts etc.;

State-Guaranteed Legal Aid

In Moldova, State-Guaranteed Legal Aid is regulated by Law No. 198/2007 and includes two main types: primary and qualified. It is provided to Moldovan citizens, foreigners, and stateless persons who lack sufficient funds to pay for services. It covers consultations, document drafting, and representation in court (criminal and civil).

The system is managed by the National Legal Aid Council, and provision is overseen by territorial offices (Chisinau, Balti, Cahul), which verify the applicant's eligibility.

Types of Legal Aid

Primary: Information about the legal system, rights and responsibilities, consulting, assistance in drafting documents (not included under qualified).
Qualified: Consultations, document drafting, representation/defense in criminal, civil, and administrative proceedings (including offense cases), representation before government agencies.

Who is eligible?

Moldovan citizens, foreigners, and stateless persons who cannot afford legal services.
In criminal cases, defense by a lawyer (appointed by the state) is mandatory from the moment of arrest.