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It is registered

Ministry of Justice

Republic of Moldova

On February 3, 2006 No. 435

ORDER OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF MOLDOVA

of February 3, 2006 No. 38

About creation of the Register of heritable cases and wills and about approval of the Regulations on this register

(as amended on 24-03-2017)

In pursuance of the Law on notariate No. 1453-XV of November 8, 2002 and the Order of the Government No. 488 of March 29, 2008. "About some aspects of activities" the organizations subordinated to the Ministry of Justice of PRIKAZYVAYU:

1. Create the Register of heritable cases and wills (further the Register).

2. Approve Regulations on the Register of heritable cases and wills (further - the Provision) (appendix No. 1) which will become effective since May 1, 2006.

3. Item 3 is nullified according to the Order of the Ministry of Justice of the Republic of Moldova of 29.01.2008 No. 32 

4. Before enforcement of provision for the purpose of amendment of the Register necessary information to persons performing notarial activities to take the following measures:

a) to notaries, till April 30, 2006 to enter the following information into the Register:

- about open heritable cases during the period from January 1, 2003 to April 30, 2006 (except for notaries who perform activities in mun. Chisinau and in areas Aneny Noy, Kriulen, Yaloven and Streshen as this information is written down in the Register by the Center of accounting of pledge, notarial actions and debtors);

- about the wills certified during the period from January 1, 2003 to April 30, 2006 including statements for their cancellation;

b) to authorized officers of bodies of local public authority till April 25, 2006 to transfer to the appointed notaries according to appendix No. 2 information on the certified wills to the period from January 1, 2003 to April 25, 2006 which will be entered in the register till April 30, 2006;

c) to consuls, till April 25, 2006 to transfer to the Center of accounting of pledge, notarial actions and debtors information on the certified wills to the period from January 1, 2003 to April 25, 2006 for entering into the Register.

5. Item 5 is excluded according to the Order of the Ministry of Justice of the Republic of Moldova of 04.06.2010 No. 200

 

Minister of Justice

Victoria Iftodi

Appendix No. 1

to the Order of the Ministry of Justice of the Republic of Moldova of February 3, 2006 No. 38

Regulations on the Register of heritable cases and wills

I. General provisions

1. This Provision establishes order of registration of heritable cases and wills in the Register of heritable cases and wills (further - the Register), and also procedure for its maintaining.

2. The register consists of two Sections:

a) accounting of heritable cases;

b) accounting of wills and their cancellation.

3. The register is single computerized and manual information system of accounting which contains the database about heritable cases and notarially certified wills (certified and confidential).

4. The register is the single official database about the registered open heritable cases, notarially certified wills and their cancellation.

5. The center of legal information (further - the Center) provides registration of opening of heritable cases, notarially certified wills and their cancellation.

6. The database of the Register is created due to registration of heritable cases, notarially certified wills and their cancellation performed by notaries, authorized officers of bodies of local public authority and the Center.

7. For connection to the Register the Center assigns for each notary individual code of access to information system of registration of opening of heritable cases, notarially certified wills and their cancellations. Based on the statement the Center appropriates to the authorized officer of bodies of local public authority individual code of access to information system of registration of notarially certified wills and their cancellation, for connection to the Register.

7-1. For connection to the Register the Center assigns for the Ministry of Justice individual code of access to information system of registration of opening of heritable cases, notarially certified wills and their cancellation.

7-2. The Ministry of Justice can use access code only in pursuance of functions on supervision on notarial activities and for information access entered in the Register.

7-3. Connection of the Ministry of Justice to the Register and information access from the Register are performed free of charge.

II. Order of registration of opening of heritable cases

8. The notary opens heritable case based on the confirmation received from the Register.

9. Before receipt of confirmation from the Register the notary checks if earlier heritable case addressed to the testator was not open. Check is performed by the notary by filling of the form of the request containing the following Sections:

a) surname and name of the testator, identification number (in case it is specified in the death certificate);

b) date of death;

c) birth date (in case it is specified in the death certificate).

10. If the requested heritable case is earlier registered in the Register, the notary obtains from the Register information on open heritable case and on the notary in which production it is.

11. If the requested heritable case was not registered in the Register earlier, the notary receives from the Register confirmation about lack of registration of opening of heritable case according to the data specified in the form of request. Based on the received confirmation and for the purpose of registration of opening of heritable case in the Register the notary immediately fills in the form of the request containing the following Sections:

a) surname and name of the dead, identification number (in case it is specified in the death certificate);

b) date of death;

c) birth date (in case it is specified in the death certificate);

d) surname and name of persons who submitted the application for opening of heritable case;

e) place of opening of inheritance;

f) other information.

12. Based on the sent request the notary receives the confirmation about registration of opening of heritable case containing from the Register: the registration number of opening of heritable case, date and time of its registration provided automatically by the Register, surname, name of the notary who executed the specified registration, and data which were entered by the notary according to Item 11 of this provision.

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