Executive Code

The Executive Code is a legislative act that regulates the procedure for the compulsory execution of court decisions, as well as the activities of bailiffs.

The task and purpose of enforcement proceedings

(1) The task of enforcement proceedings is to facilitate the implementation of the rights of creditors recognized by the enforcement document presented for execution in accordance with the procedure established by law.

(2) In order to fulfill the task provided for in part (1), the legislation on enforcement proceedings establishes the competence of the bailiff, the procedure and conditions for the compulsory execution of enforcement documents.

The principle of legality

The bailiff ensures the compulsory execution of enforcement documents in strict accordance with this code and other regulations.

Principle of equality

The procedure and conditions for the enforcement of writs of execution apply to officials and individuals regardless of race, nationality, ethnic origin, language, religion, gender, views, political affiliation, property status or social origin, as well as legal entities regardless of the type of ownership and organizational and legal form.

Principle of optionality

(1) The claimant has the right to demand the compulsory enforcement of writs of execution, as well as to refuse the commencement of enforcement or to postpone the commencement of enforcement within the established limitation period.

(2) The parties to enforcement proceedings (the claimant and the debtor) may enforce the writ of execution by concluding a settlement agreement in accordance with this Code.

Principle of Humanism

The procedure and conditions for the enforcement of enforcement documents are established on the basis of the principle of respect for human rights and cannot be aimed at causing physical and moral suffering or material damage.

Language of Enforcement Proceedings

(1) Enforcement proceedings are carried out in Romanian.

(2) If the participants in enforcement proceedings do not speak Romanian, they have the right to familiarize themselves with the documents of enforcement proceedings and communicate with the help of an interpreter.

Independence of the Bailiff

(1) When executing enforcement documents, the bailiff is independent and is subject only to the law.

(2) Any interference in the activities of executing enforcement documents is unacceptable and entails liability provided for by law.

Binding nature of the bailiff's demands

(1) The bailiff's demands, presented in the manner established by this code and other regulatory acts, are binding on all public authorities, legal entities, officials and individuals.

(2) Persons who fail to comply with the bailiff's demands or who obstruct their compliance shall bear liability as provided by law.

Appealing the bailiff's acts

Participants in enforcement proceedings and other interested persons whose rights or legally protected interests have been violated by any enforcement act may appeal this act in accordance with the law.

The main legal basis of the Republic of Moldova