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EXPLANATIONS OF ARBITRATION OF THE REPUBLIC OF MOLDOVA

of March 1, 1995 No. C-10/1

About application of Article 74 of the Civil code of the Republic of Moldova

These explanations are made according to Art. 26 of the Arbitration act.

1. According to Art. 74 of the Civil code in claims of the state organizations, kolkhozes and other cooperative and other public organizations to each other term for protection of the violated rights (limitation period) is established in 1 year.

In this Article the list of the organizations for which limitation period is established in 1 year is exhaustive.

2. The law on entrepreneurship and the companies (the Art. 13) provides that business activity can be performed in the following forms of business: sole proprietor companies, complete partnerships, partnerships in commendam, joint-stock companies, limited liability companies, production cooperatives, rent companies, collective companies, state and municipal companies.

3. The forms of business of entrepreneurship specified in Art. 74 of the Civil code and in Art. 13 of the Law on entrepreneurship and the companies do not match.

Thus, the term of limitation period in 1 year is applied only in cases of emergence of disputes between the organizations specified in Art. 74 of the Civil code. In all other cases when other organizations also participate in the dispute resolution, the term of limitation period constitutes 3 years.

For example: if the claim is made by the state organization to kolkhoz, the term of limitation period - 1 year. If the claim is made by the state organization to joint-stock company, the term of limitation period - 3 years.

By consideration of disputes to consider that 3-year term is applied also in cases when with claims the overseas enterprises or the companies with the mixed capital which are both in the territory of the Republic of Moldova and outside the republic address.

4. These explanations are obligatory to application by consideration of disputes, and also for economic actors.

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