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The document ceased to be valid since March 1, 2019 according to the article XVII of the Law of the Republic of Moldova of November 15, 2018 No. 133


of June 26, 2008 No. 142-XVI

About mortgage

(as amended on 21-12-2017)

The parliament adopts this organic law.

Chapter I. Basic provisions

Article 1. Purpose and sphere of regulation

(1) the Purpose of this law is establishment of the basic principles and rules regulating primary mortgage market, and also creation of conditions for development of the secondary mortgage market.

(2) the Sphere of regulation of this law are the legal relationship developing in process and in connection with origin, action and the termination of mortgage, realization of the mortgage rights and also protection of the rights of participants of mortgage legal relationship.

Article 2. Legal regulation

(1) the Mortgage is regulated by the Constitution of the Republic of Moldova, the Civil code of the Republic of Moldova, this law, other regulations, and also international treaties, one of the parties of which is the Republic of Moldova.

(2) general provisions about pledge are applicable To mortgage if this law does not provide other.

(3) If the international treaty, one of the parties of which is the Republic of Moldova, other regulations than containing in this law are established, regulations of the international treaty are applied.

Article 3. Basic concepts

In this law the following basic concepts are used in value:

real estate - the real estate determined according to the Civil code and future real estate registered in the Register of real estate according to the legislation;

mortgage - the corporeal right based on which the creditor has the right if the debtor does not fulfill the obligations provided with mortgage to have satisfaction of the requirements from the cost of the real estate transferred to mortgage mainly before other creditors, including before the state;

the mortgage requirement - the requirement provided with mortgage;

the mortgage provider - the creditor whose requirement is provided with mortgage;

the debtor - the mortgage debtor or the other person having the obligation to the mortgage provider which execution is provided with mortgage;

the mortgage debtor - person giving to mortgage one or several real estate units for the purpose of ensuring execution of the obligation or the obligation of the debtor to the mortgage provider;

the mortgage guarantor - person giving to mortgage one or several real estate units for the purpose of ensuring obligation fulfillment of the debtor;

the agreement of mortgage - the agreement signed between the mortgage provider and the mortgage debtor on the basis of whom the mortgage provider in the procedure established by the legislation has the right to apply for satisfaction of the monetary claim from the cost of the real estate encumbered with mortgage;

benefit - the privilege of one mortgage provider in relation to other mortgage providers on execution of the mortgage right, and also in relation to other creditors on observation of condition of real estate.

Article 4. The obligations provided with mortgage

(1) the Mortgage is established for the purpose of ensuring obligation fulfillment, represents ancillary power in relation to the provided obligation and it is caused in time by effective period if the law or the agreement of mortgage do not provide other.

(2) the Reality of mortgage depends on validity of the obligation provided with mortgage.

(3) obligation fulfillment can be provided with the Mortgage, following from the credit agreement or the loan agreement or from other obligations.

(4) Rules of mortgage are applied to the obligations following from the credit agreement or the loan agreement irrespective of their purpose and appointment.

(5) one or several obligations can be provided with the Mortgage. The provided obligation can be present or future, including conditional.

(6) in case of providing future obligations of the party shall specify directly in the agreement of mortgage that execution of any obligation in the future in relation to the same mortgage provider will be provided with the established mortgage.

(7) the Mortgage established for the purpose of ensuring return of sum of money is recognized valid even if payment of this amount will be performed in the future or it is made step by step.

(8) the Mortgage extends also to interest payment, commission charges, penalty, penalties, compensation of the caused damage, compensation of legal costs and other expenses on execution of the mortgage rights if the parties did not stipulate other.

Article 5. Mortgage requirements

(1) the Mortgage requirement shall be determined or determined at the time of execution of the mortgage right.

(2) the Mortgage requirement shall have the cash form and can be expressed both in national, and in foreign currency.

Article 6. Bases of emergence of mortgage

(1) the Mortgage is established based on the law (mortgage by law) or based on the agreement (mortgage owing to the agreement).

(2) mortgage provisions owing to the agreement by law are applied To mortgage if the law does not provide other.

(3) the Bases for establishment of mortgage by law are:

a) requirements of the state for outstanding amounts according to the tax legislation;


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