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CIVIL CODE OF THE REPUBLIC OF MOLDOVA

of June 6, 2002 No. 1107-XV

(The last edition from 15-11-2018)

The parliament accepts this code.

Book the first

General provisions

Section I Basic provisions

Chapter I Civil legislation

Article 1. Main beginnings of the civil legislation

(1) the Civil legislation is based on recognition of equality of participants of the relations regulated by it, protection of intimate, private and family life, recognition of security of property, freedom of the agreement, protection of conscientiousness, protection of the rights of the consumer, recognition of inadmissibility of intervention someone in private affairs, need of free implementation of the civil laws, ensuring recovery of the violated rights of the personality, their protection by competent jurisdictional authorities.

(2) Voided.

(3) the Civil laws can be limited to the organic law only on the bases provided by the Constitution of the Republic of Moldova.

Article 2. The relations regulated by the civil legislation

(1) the Civil legislation determines legal status of participants of civil circulation, the basis of origin and procedure of the property right, regulates contractual and other commitments, and also other property and personal non-property relations between subjects of civil legal relationship.

(2) the Family, housing, employment relationships, the relations on use of natural resources and environmental protection answering to the signs specified in part (1), are regulated by this code and other laws.

(3) the Relations connected with implementation and protection of the rights and fundamental freedoms of the person and other non-material benefits are regulated by this code and other laws in the light of the provisions and the principles established by international treaties in the field of the rights and fundamental freedoms of the person.

(4) Subjects of civil legal relationship are physical persons and legal entities as having the status of professional, not having it.

Article 2-1. Consumer and professional

(1) Consumer is any physical person acting within the civil legal relationship mainly for the purpose of which are not connected with business or professional activity. The physical person does not act as the consumer if other party of civil legal relationship does not act as professional.

(2) Professional is any physical person or the legal entity of public or private law acting within the civil legal relationship for the purpose of connected with business or professional activity at least person and did not pursue revenue generating purpose from these activities.

(3) Person who in civil legal relationship corresponds as part provisions (1) and to part provisions (2), it is considered the consumer if recognition him in this quality provides it certain legal protection, in other cases it is considered professional.

Article 3. Civil legislation

(1) the Civil legislation consists of of this Code, other laws, ordinances of the Government and subordinate legislations which govern the relations specified in Article 2, and which shall correspond to the Constitution of the Republic of Moldova.

(2) Subordinate legislations are applied to regulation of civil legal relationship only if they are published on the basis of the law and do not contradict it.

(3) the Civil legislation is interpreted and applied according to the Constitution of the Republic of Moldova, the European convention on protection of the rights and fundamental freedoms of the person and other agreements, one of the parties of which is the Republic of Moldova.

(4) In case of interpretation and application of the civil legislation need of ensuring uniform application of legal statuses, conscientiousness, and also legal definiteness is considered.

Article 4. Customs

(1) the Custom represents standard of behavior which, being not stipulated by the legislation, is commonly accepted and regularly applied in certain sphere of civil legal relationship."

(2) Customs are applied, only if they do not contradict the law, bases of law and order and morality, and also the transaction.

Article 5. Analogy of the law and analogy is right

(1) In cases when the stipulated in Article 2 relations are not settled by the law or the agreement of the parties and there is no custom, applicable to them, to such relations if it does not contradict their being, the regulation of the civil legislation governing the similar relations (analogy of the law) is applied.

(2) In case of impossibility of use of analogy of the law of the right and obligation of the Parties are determined proceeding from the principles of the civil legislation and justice (analogy is right).

(3) application by analogy of the regulations limiting the civil laws or establishing the civil responsibility is not allowed.

(4) Degree of jurisdiction has no right to refuse implementation of justice on civil cases on absence reason of the precept of law or its ambiguity.

Article 6. Operation of the civil law in time

(1) the Civil law has no retroactive force. It does not change and does not cancel conditions of emergence of earlier arisen legal relationship, as well as conditions of the termination of earlier stopped legal relationship. In addition, the new law does not change and does not cancel the available consequences of the stopped or existing legal relationship.

(2) the New law is applied to the legal relationship existing on the date of its entry into force.

(3) From the date of entry into force of the new law the law preceding it voids, except as specified, when the new law provides other.

(4) On the contractual legal relationship existing on the date of entry into force of the new law, the prior law continues to regulate nature and limits of the rights and obligations of the Parties, and also other consequences of the agreement, except as specified, when the new law establishes other.

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