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CIVIL CODE OF THE REPUBLIC OF MOLDOVA

of June 6, 2002 No. 1107-XV

(as amended on 19-12-2019)

Book the first General provisions

Section I Basic provisions

Chapter I Civil legislation

Article 1. Principles 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) 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 3. 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 4. 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 5. 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 6. 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 7. 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.

(5) In the situations provided by part (4), provisions of the new law are applied to methods of implementation of the rights or fulfillment of duties, and also their alienation, legal succession, transformation or the termination. In addition, if the new law does not establish other, terms of transaction, made before entry into force of the new law, contradicting its peremptory rules, have no legal force from the date of entry into force of the new law.

(6) the Provisions of the new law concerning prescriptive limits, both claim, and acquisitive are applied to the prescriptive limit which began leak before date of the introduction of the law in force and did not expire before this date. In this case the term which expired earlier is taken into account. The beginning, suspension and the termination of current of prescriptive limit are determined for the period preceding entry into force of the new law, the old law.

(7) If the prescriptive limit provided by the new law is shorter than the term provided by the old law, then since the date of entry into force of the new law the current of new prescriptive limit according to the new law begins. In this case the term which expired earlier is not taken into account. Provisions of this part are applied and if the new law declares subject to limitation period the right which according to the old law was not subject to limitation period.

(8) In the case provided by part (if the prescriptive limit provided by the old law expires before the prescriptive limit provided by the new law, the prescription will pass 7) after the term established by the old law.

Article 8. Civil legislation and international agreements

If the international treaty, one of the parties of which is the Republic of Moldova, other provisions are established, than those which are provided by the civil legislation are applied provisions of the international treaty.

Chapter II Emergence of the civil laws and obligations. Implementation and protection of the civil laws

Article 9. Bases of emergence of the civil laws and obligations

(1) the Civil laws and obligations arise from the bases provided by the law and also from actions of physical persons and legal entities which, though are not provided by the law, but owing to the principles of the civil legislation generate the civil laws and obligations.

(2) the Civil laws and obligations arise:

a) from agreements and other transactions;

b) from acts of the bodies of the public power provided by the law as the basis of emergence of the civil laws and obligations;

c) from the judgment which established the rights and obligations;

d) as a result of creation and property acquisition on the bases which are not forbidden by the law;

e) as a result of creation of intellectual property items;

f) owing to damnification to other person;

g) owing to unjust enrichment;

h) owing to other acts of physical persons and legal entities and events with which the law connects approach of civil consequences.

Article 10. Implementation of the rights and fulfillment of duties

(1) the Physical persons and legal entities participating in civil legal relationship shall perform the rights and fulfill the duties honesty, according to the law, the agreement, bases of law and order and morality. Conscientiousness is supposed until the return is proved.

(2) Non-realization by physical persons and legal entities of the civil laws belonging to them does not attract the termination of these rights, except as specified, provided by the law.

Article 11. Conscientiousness

(1) Conscientiousness means the standard of behavior of the party which is characterized by correctness, honesty, openness and respect of interests of other party of the corresponding legal relationship.

(2) the Behaviour contradicting conscientiousness is, in particular, the behavior of the party which is not corresponding to its prior statements or behavior in case other party, being effective with himself in damage, reasonably relied on them.

Article 12. Rationality

The rationality provided by legal status or the transaction shall be established objectively, taking into account the nature and the purpose of the considered element, the facts of the case, and also the corresponding customs and established practices.

Article 13. Abuse of the right

(1) No subjective right can be performed with preferential intention to cause to other person damage or to do it other harm (abuse of the right).

(2) in case of abuse of the right the degree of jurisdiction taking into account nature and consequences of the allowed abuse refuses to person protection of maliciously performed subjective right or, on circumstances, obliges him to the termination of malicious implementation.

(3) If abuse of the right entailed violation of the subjective right of other person, such person has the right to require compensation of the caused damage.

Article 14. Prohibition of the reference to the illegal or unfair behavior

(1) Nobody has the right to refer in reasons for the claim for the illegal or unfair act made by it or with its participation.

(2) Nobody has the right to benefit by the illegal or unfair behavior.

Article 15. Judicial protection of the civil laws

(1) Protection of the violated civil laws is performed judicially.

(2) by the Law or the agreement the procedure for the dispute resolution between the parties to the appeal to degree of jurisdiction can be provided.

(3) Protection of the civil laws is administratively performed only in the cases provided by the law. The decision made administratively can be appealed in degree of jurisdiction.

(4) References in this code to the judge or degree of jurisdiction are also references to other competent jurisdictional authorities according to the law, and references to civil and procedural legal statuses are also references to procedural rules of the relevant competent jurisdictional organs.

Article 16. Methods of protection of the civil laws

(1) Protection of the civil laws is performed according to the law in the way:

a) recognitions of the right;

b) recoveries of the provision existing before violation of the right, and suppression of the actions violating the right or creating threat of its violation;

c) establishments or, on circumstances, recognitions of invalidity of the transaction;

d) recognitions invalid act of body of the public power;

e) compulsions to discharge of duty in nature;

f) self-defenses;

g) compensations property and, in the cases provided by the law, non-property damage;

h) penalties of percent for delay of payment or, on circumstances, penalties;

i) termination or change of the agreement;

j) non-use by degree of jurisdiction of the act of the body of the public power contradicting the law;

k) the different ways provided by the law.

(2) the protection Methods provided by part (1), can be used if the conditions for their application established by the law and, on circumstances, are complied by the transaction.

Article 17. Recognition invalid the act of the body of the public power contradicting the law

(1) the Act of body of the public power violating the civil laws and the interests of physical person or legal entity protected by the law is nullified by degree of jurisdiction from the moment of its acceptance.

(2) in case of recognition by degree of jurisdiction of the act specified in part (1), invalid the violated right is subject to recovery or protection by the different ways provided by this code and other laws.

Article 18. Self-defense is right

(1) actions of person which for the purpose of self-defense selects are not illegal, withdraws, destroys or damages thing, or in the same purposes detains the obliged person who could disappear, or overcomes resistance of person obliged to suffer action in case it is impossible to attract competent authorities and without immediate intervention is available threat that implementation of the right will become impossible or will significantly be at a loss.

(2) Self-defense shall not go beyond the actions necessary for danger elimination.

(3) in case of deprivation of ownership of property the immediate requirement of seizure of it is necessary if the address of recovery by enforcement on this property is not established.

(4) in case of detention of the obliged person it is subject to the immediate drive in competent authority.

(5) Person who made one of the actions specified in part (1), proceeding from the mistake belief about the right to self-defense, shall pay the damages caused to other party at least mistake and occurred not through his fault.

Article 19. Compensation of damage

(1) the Face, whose right or legitimate interest are broken, can require according to the law of the full recovery caused to it with respect thereto property or non-property damage.

(2) property damage is understood as expenses which the restrained person made or will shall make for recovery violated the right or legitimate interest, destruction or damage of its property (actual damage), and also uncollected profit which this person would receive if its right or legitimate interest were not broken (lost profit).

(3) the non-property damage (moral harm) are understood as physical and moral sufferings, and also quality degradation of life. In case of damage of health the non-property damage includes also loss or decrease in opportunities of human body (biological damage).

(4) Loss of opportunity is compensated, only if this current and certain disappearance of favorable opportunity. The extent of this damage corresponds to the lost opportunity and cannot be equal to benefit which could be taken from opportunity if it was implemented.

(5) Compensation of damage implies recovery of the restrained person in that provision in which it would be if the damage was not caused to it.

(6) Instead of compensation of property damage according to parts (2) and (5) the restrained person can require from face of collection, responsible for damnification, of all profit got by it in connection with damnification. This rule is applied only if the law or the agreement provide such form of determination of property damage or if application of such form of determination of property damage reasonably in circumstances of this case.

Article 20. Guilt

(1) If the law does not provide other, person is responsible only for the damage caused to the he is guilty committed, intentionally or on imprudence, act.

(2) Act is recognized committed intentionally if person which made it realized mean character of the actions or failure to act, expected harmful consequences, wished them or consciously allowed approach of these consequences.

(3) Act is recognized committed on imprudence (negligence) if person who made it realized mean character of the actions or failure to act, expected their harmful consequences, but thoughtlessly expected their prevention or did not realize mean character of the actions or failure to act, did not expect possibility of approach of their harmful consequences though shall and could expect them.

(4) Act is recognized committed by rough negligence if person made it with deep lack of discretion which it is obvious owed show under these circumstances cases.

(5) If the law determines legal consequences of the act made due to negligence the requirement is observed and in case act is made intentionally.

Article 21. Protection of the personal non-property rights

The personal non-property rights and other non-material benefits are protected in the cases and procedure provided by this code and other laws in limits in which use of methods of protection of the civil laws follows from being of the violated right and nature of consequences of this violation.

Article 22. Notification

(1) the Notification the message of data on the transaction or information with the legal purpose is recognized.

(2) the Notification can be transferred with use of the means applicable based on the circumstances of a matter if the law or the transaction does not provide certain requirement to form.

(3) the Notification creates consequences from the moment of achievement of the addressee if only it has no the postponed action.

(4) the Notification is considered reached the addressee:

a) if it is handed to the addressee;

b) if it is delivered to the postal address specified for this purpose by the addressee or, in the absence of that, to the address of the receiver legal entity or at the place of residence of physical person;

c) in case of transfer of the notification e-mail or other means of individual communication – if the addressee has access to them; or

d) if it is provided to the addressee otherwise in such place and such way which reasonably do possible access for the addressee to it immediately.

(5) the Notification is considered reached the addressee after accomplishment of one of the requirements provided by part (4), depending on what will occur earlier.

(6) the Notification does not create consequences if information on its response reaches the addressee to or along with receipt of the notification.

(7) the Notification directed by the representative or received by it is considered the made represented face or, on the circumstances which reached the represented face if the representative is authorized to direct or receive such notifications.

(8) Any condition contradicting provisions of this Article to the detriment of the consumer is insignificant.

(9) the Special legal statuses concerning judicial messages remain in force.

Section II of Person

Chapter I Physical person

Part 1 General provisions
Article 23. Concept of physical person

Physical person is the person considered individually as the carrier of the civil laws and obligations.

Article 24. Legal capacity of physical person

(1) the Capability to have the civil laws and obligations (legal capacity) is recognized equally behind all physical persons.

(2) Legal capacity of physical person arises at the time of its birth and stops death.

(3) the Inheritance right of physical person arises from the moment of its conception, on condition of its birth live.

Article 25. Capacity to act of physical person

Capacity to act is the capability of person the actions to acquire and perform the civil laws, to personally create for itself civil obligations and to perform them.

Article 26. Full legal capacity of physical person

(1) Full legal capacity of physical person arises with occurrence of age of majority, that is on reaching eighteen years.

(2) the Minor who married acquires full legal capacity. Annulment of marriage does not lead to loss of full legal capacity of the minor. In case of scrap recognition invalid the degree of jurisdiction can deprive of the minor spouse of full legal capacity since the moment determined by degree of jurisdiction.

(3) the Minor who reached sixteen years can be announced sui juris if he works according to the employment contract or from approval of parents, adoptive parents or the custodian performs business activity. The announcement of the minor sui juris (emancipation) is performed according to the decision of body of guardianship – with the consent of both parents, adoptive parents or the custodian or, in the absence of such approval, – according to the decision of degree of jurisdiction.

Article 27. Capacity to act of the minor who reached fourteen years

(1) the Minor who reached fourteen years makes transactions from approval of the parent, the adoptive father or the custodian, and in the cases provided by the law – as well from approval of body of guardianship.

(2) the Minor who reached fourteen years has the right independently, without approval of the parent, the adoptive father or the custodian:

a) dispose of earnings, grant and other income gained as a result of the activities;

b) perform the rights of the author of the work of science, literature or art, the invention or other result of the intellectual activities protected by the law;

c) according to the law to make contributions to financial institutions and to dispose of them;

d) make the transactions specified in part (2) Article 28.

(3) For the reasonable reasons the degree of jurisdiction according to the petition of parents, adoptive parents or the custodian or body of guardianship can limit the minor's rights provided by Items a) and b) parts (2).

(4) For the reasonable reasons and if that is required by interests of the minor, the degree of jurisdiction establishes judicial measure of protection of the minor who reached fourteen years and appoints to the minor of the temporary defender, the custodian or, on circumstances, the guardian. The judicial measure of protection established thus cannot go beyond date of achievement of age of majority by the minor. Legal statuses about measures of protection of adult physical persons are applied as appropriate to judicial measure of protection of the minor.

Article 28. Capacity to act of the minor aged up to fourteen years

(1) For and on behalf on the minor aged up to fourteen years of the transaction only his parent, the adoptive father or the guardian according to the procedure can make, provided by the law.

(The Minor aged from seven up to fourteen years has the right to make 2) independently:

a) the small household transactions which are subject to execution at the time of their making;

b) the transactions directed to non-paid receipt of benefit, which are not requiring the notarial certificate or state registration of the rights arising based on such transactions;

c) transactions on preserving.

Article 29. Restrictions in case of transactions on behalf of the minor who does not have full legal capacity

(1) Provided by part (1) Article 139 of the transaction, made on behalf of the minor who does not have full legal capacity find legal force only after receipt of permission of family council or, in case of its lack, body of guardianship. Provisions of parts (2) - (5) articles 139, of articles 148-155, 163 and 164 are applied as appropriate.

(2) on behalf of the minor who does not have full legal capacity cannot be made under the threat of negligibility of the transaction, stipulated in Article 140.

Article 30. The mode of money of the minor who does not have full legal capacity

(1) the Transactions on collection, payment and the order money performed on behalf of the minor who does not have full legal capacity are made only on the account opened on his name if the law for certain categories of payments does not provide other.

(2) Family council or, in case of its absence, the body of guardianship can order introduction of the certain sum of money belonging to the minor who does not have full legal capacity into its special account, withdrawal of the amounts from which can be made only with the permission of family council or, in case of its lack, body of guardianship. Provisions of this part are not applied in case of forced execution to money of the minor.

(3) Family council or, in case of its absence, the body of guardianship shall take all necessary measures to inform organization in which the account addressed to the minor who does not have full legal capacity, about the special mode set according to part is opened (2).

Article 31. Inadmissibility of deprivation and restriction of legal capacity and capacity to act

(1) Civil legal capacity is recognized equally behind all persons irrespective of race, nationality, ethnic origin, language, religion, floor, views, political affiliation, property status, social origin, level of culture or other similar signs.

(2) the Physical person cannot be deprived of legal capacity.

(3) Nobody can be limited in legal capacity and capacity to act differently, as in the cases and procedure provided by the law.

(4) the Complete or partial refusal of physical person of legal capacity or capacity to act and other transactions directed to restriction of legal capacity or capacity to act are insignificant.

Article 32. Establishment of measure of judicial protection

(1) In accordance with the terms of of this Code concerning physical person which owing to mental disease or physical, intellectual or psychological violation cannot understand fully value of the actions or express the will, the measure of judicial protection in the form of guardianship, temporary protection or guardianship can be established based on the decision of degree of jurisdiction.

(2) In all cases person concerning whom the measure of judicial protection is established has the right to make independently the transactions provided by part (2) Article 28.

Article 33. Invalidity of the transaction which party is the minor or the face protected by measure of the judicial protection made without necessary approval or permission

(1) the Transaction which party is the minor who reached fourteen years and not having full legal capacity or person concerning whom the measure of judicial protection made without approval of the parent, the adoptive father, the custodian, the guardian or other defender or without necessary according to the law or the judgment of permission of family council, body of guardianship or degree of jurisdiction is established finds legal force only after the corresponding approval or, on circumstances, permissions. Necessary approval or can be granted permission both to, and after making of the corresponding transaction.

(2) Sui juris person shall indemnify the loss caused to other party if it is proved that it knew or owed know the invalidity basis.

(3) After finding by the minor or the face protected by measure of judicial protection, full legal capacity the transaction made according to part (1), finds legal force only being it approved.

Article 34. Business and professional activity of physical person

(1) the Physical person has the right to be engaged in business activity on its own behalf and at own expense from the moment of state registration as the individual entrepreneur or otherwise, the provided law.

(2) the Physical person has the right to be engaged in professional activity on its own behalf and at own expense from the moment of satisfaction to the requirements established by the law for this purpose.

(3) Person performing business or professional activity without observance of the requirements established by the law with respect thereto having no right to refer to what is not professional.

(4) the rules regulating activities of the legal entities pursuing revenue generating purpose are applied To the business activity performed without formation of legal entity if other does not follow from the law or being of legal relationship.

Article 35. Property responsibility of physical person

The physical person answers for the obligations all the property, except for property on which according to the law collection cannot be turned.

Article 36. Name of physical person

(1) Any physical person has the right addressed to established or acquired according to the law.

(2) the Name includes surname and actually name, and in the cases provided by the law – also middle name.

(3) the Surname is acquired by means of establishment of relationship and changes as a result of change of civil status according to the procedure, provided by the law.

(4) Actually the name of person is established on registration date of the birth based on the statement for the birth.

Article 37. Use of name

(1) Any person has the right to respect of the name.

(The Physical person acquires 2) and performs the rights and fulfills duties on its own behalf.

(3) Use of name of other person attracts responsibility for the misunderstanding or losses connected with it. Both the name carrier, and his spouse or close relatives can oppose such use and demand compensation of the caused losses.

(4) the Physical person shall take necessary measures for the notification of the debtors and creditors on change of name and bears liability for damages, caused in connection with non-execution of this obligation.

Article 38. Residence and place of temporary stay

(1) the Residence of physical person the place of regular stay is recognized. Person is considered taking this residence until acquired another.

(2) the Place of regular stay is based on close and stable connection of physical person with the appropriate place. In case of determination of the place of regular stay all relevant actual elements, in particular duration and regularity of presence of person in the appropriate place, and also conditions and the bases of this presence are considered.

(3) the Place of temporary stay of physical person is the place where it has temporary or nonbasic accommodation.

(4) Establishment or change of the residence is made precisely in case the person taking certain place or moving to certain place made it with intention to take there place of regular stay. The proof of intention follows from the statements of person made in bodies as which establishment or change of the residence enters, and in the absence of such statements – from any other actual circumstances.

(5) the Face, whose residence cannot be established with confidence, it is considered living in the place of the temporary stay.

(6) in the absence of the place of temporary stay person is recognized living at the last place of residence and if it is unknown, – in the place where this person is.

Article 39. Proof of the residence and place of temporary stay

(1) Until the return is proved, the residence or the place of temporary stay of physical person is supposed in the place specified as such in the identity certificate or, on circumstances, in other identification document provided by the law.

(2) for lack of such instructions or when they are not true, establishment or change of the residence or place of temporary stay cannot be contrasted with other persons.

(3) part Provisions (2) are not applied if the residence or the place of temporary stay became known to person with whom it is contrasted in other way.

Article 40. The residence of the minor and person recognized as incapacitated

(1) the Residence of the minor aged up to fourteen years is the residence of his parents or the residence of that from parents at which he lives constantly.

(2) the residence of his parents remains the Residence of the minor transferred by degree of jurisdiction to education to the third party. If parents live separately and cannot reach consent on that at which of them the minor will take the residence, the decision is made by degree of jurisdiction.

(3) In exclusive procedure, considering the highest interests of the minor, the degree of jurisdiction can determine its residence at the grandma and the grandfather or at other relatives or reliable persons, from their consent, or in the organization providing its protection.

(4) the Residence of the minor if it is represented only by one of parents or if it is under guardianship, the residence of his legal representative is.

(5) the Residence of the minor who is in difficult situation in the cases provided by the law is the residence of family or persons to whom he is given to education or is charged.

Article 41. Professional location

The physical person performing business or professional activity takes the residence in all that concerns these activities, also in the location of form of implementation of activities.

Article 42. Chosen residence

(1) the Party of the transaction can choose the residence for the purpose of implementation of the rights or the fulfillment of duties following from this transaction.

(2) the Choice of the residence is not supposed, and it shall be performed, under the threat of negligibility, in writing.

Part 2 Respect for the person and his inalienable rights
Article 43. Rights of the personality

(1) According to the law each physical person has the right to life, health, physical and mental integrity, to free expression of opinion, addressed to, honor, advantage and professional reputation, to own image, to respect of intimate, family and private life, to personal data protection, to respect of the memory and body after death, and also to other similar rights recognized by the law.

(2) These rights are inviolable and integral.

Article 44. Prohibition of property transactions

Except as specified, directly provided by the law, any transactions which subject is assignment of property to human body, its elements or products, are insignificant.

Article 45. Right to own image

(1) If the law does not provide other, when implementing the right to own image person can prohibit or interfere with reproduction somehow of its appearance or voice or, on circumstances, use of such reproduction. Provisions of Article 47 remain in force.

(2) If person agrees to that its image was imprinted under circumstances when it is obvious that the image will extend, it is supposed that it also agrees to its reproduction and distribution by regular method, as well as it is necessary to expect reasonably under such circumstances.

Article 46. Violation of personal privacy

Taking into account application of provisions of Article 47 can be considered as violation of personal privacy:

a) illegal penetration into the dwelling or stay in it or withdrawal from it any subject without the permission of person occupying it legally;

b) illegal interception of private conversation with the help of any technical means or conscious use of such interception;

c) fixing or use of the image or voice of person which is in private space without its consent;

d) distribution of the images representing interior of private space without the consent of person occupying it legally;

e) implementation somehow observations of private life, except the cases which are directly provided by the law;

f) distribution of news, discussions, investigations or written or audiovisual reportings on private, private or family life without the consent of the corresponding person;

g) distribution of the materials containing images of person which is on treatment in organizations of medical care, and also personal data about the state of health, the diagnosis, the forecast, treatment, the circumstances connected with disease and various other phenomena including result of opening without the consent of the corresponding person, and in case of the died person – without the consent of family or authorized persons;

h) unfair use of name, the image, voice or similarity with other person;

i) distribution or use of correspondence, manuscripts or other personal papers, including data on the residence, the place of temporary stay, and also telephone numbers of person or members of his family, without the consent of person to whom they belong or which, on the circumstances having the right to dispose of them.

Article 47. Limits of the right to private life

(1) the intervention allowed by the law or international treaties on human rights is not violation of the right to private life, one of the parties of which is the Republic of Moldova.

(2) Fair and with observance of international treaties, one of the parties of which is the Republic of Moldova, implementation of constitutional rights and freedoms is not violation of the right to private life.

Article 48. Consent presumption

(1) When person whom information or material concerns itself presents them to physical person or the legal entity who is known that it performs activities in the field of informing the public, consent to their use is supposed and does not require expression in writing.

(2) Person who agreed to use of personal papers, images or audio-or videos of person or his personal statements, can withdraw the consent even if it was this for a certain period of time.

(3) If consent this for a certain period of time responds without the response was justified by essential change of circumstances or other reasonable reason, person withdrawing consent shall indemnify the loss caused to person to whom it was agreed.

(4) Consent is not required if the image, the personal paper, audio-or video of person are carried out or used in implementation or in protection of other rights or other interests protected by the law.

(5) the Consent of person is also not required if the image, the personal paper, audio-or video of person are carried out or used based on the law in the official purposes or if someone makes the public act in public concerns.

(6) the Consent of the corresponding person is not required for record of the image or voice and for use of this record in case it is made in crowd or during the public action.

(7) other cases when the consent of person for use of personal papers, images or audio-and videos of person or his personal statements is supposed can be provided by the Law or it is not required.

Article 49. Tribute to the dead

(1) Memories, and also the tribute of respect is paid body of the dead.

(2) Any person can determine type of the funeral and can dispose concerning the body after death.

(3) in the absence of the obvious choice of the died person the will of the spouse, parents, descendants, relatives on sideline to the fourth degree of relationship inclusive, heirs or the order of primar of the village (commune), city or municipium in the territory of which the death occurred is observed, in that order. In all cases confessional accessory or absence that is considered.

Part 3 Guardianship and custody over minors
Article 50. The bases of establishment of guardianship and custody over minors

(1) Provisions of this part as a part of Chapter are applied to guardianship and custody, established over minors which are in one of the situations provided by part (2), except as specified, when they found full legal capacity.

(2) Guardianship or custody over the minor is established if it is given the status of the child, without parental support, or the status of the child, temporarily without parental support.

(3) If in the cases provided by part (2), the minor is located in service of placement of family type or service of placement of residential type, obligation of the guardian or, on circumstances, the custodian of the minor is performed by organization in which it is placed, except for of case when the minor has guardian or the custodian.

Article 51. Guardianship over the minor

(1) Guardianship is established over minors aged up to fourteen years.

(2) Guardians are legal representatives of wards and make from their name and in their interests all necessary transactions without authorization.

(3) Provisions of Article 115 are applied as appropriate.

Article 52. Guardianship over the minor

(1) Guardianship is established over minors aged from fourteen up to eighteen years.

(2) Custodians approve transactions, which the physical persons which are under the guardianship having no right to make independently.

(3) Custodians render to wards assistance in implementation of the rights by them and fulfillment of duties, and also protect them from abuses of the third parties.

(4) Provisions of Article 108 are applied as appropriate.

Article 53. Establishment of guardianship and custody over the minor

(1) the Body of guardianship over the minor shall make the decision on establishment of guardianship or custody from the date of receipt of information on need of establishment of guardianship or custody in a month.

(2) Before appointment of a guardian or the custodian of their function the body of guardianship performs.

Article 54. Obligation of informing on the minors needing guardianship or custody

The obligation of informing body of guardianship not later than in five-day time from the date of when it became known of need of establishment of guardianship or custody concerning certain minor, is assigned:

a) on the minor's relatives, and also on managing directors and inhabitants of the house in which it lives;

b) on body of civil registration – in case of registration of death, and also on the public notary – in case of opening of inheritance;

c) on degrees of jurisdiction, on prosecutors and polices – in case of appointment, application or execution of the punishment in the form of imprisonment;

d) on bodies of local public authority, organization of child care, and also on any other person.

Article 55. Guardian and minor's custodian

(1) the certain physical person or married couple can be the Guardian or the custodian of the minor if they are not in one of the provisions of incompatibility provided by part (4) and if they directly expressed the consent. Provisions of Articles 107 and 109 are applied as appropriate.

(2) Guardians and custodians of the minors which are in organizations of social protection of the population, educational, educational, medical or other similar institutions are these organizations, except as specified, when the minor has the guardian or the custodian.

(3) Except for the case provided by part (7) Articles 56, the guardian and the custodian of the minor are appointed by body of guardianship at the place of residence or the place of temporary stay of person needing guardianship or custody, on own initiative or according to the petition of persons specified in Article 54.

(4) cannot be the guardian or the custodian:

a) minor;

b) the face protected by measure of judicial protection;

c) person deprived of the parent rights;

d) person recognized incapable to be guardian or the custodian for health reasons;

e) person who adopted before the child if adoption was cancelled because of improper execution of obligations of the adoptive father;

f) person, implementation which the political or civil laws it is limited based on the law or the judgment, and also person behaving in an unseemly way;

g) person whose interests contradict interests of the minor ward;

h) person eliminated with notarially certified act or the will constituted by the parent who until the death independently performed parent care;

i) person on the fault discharged earlier of accomplishment of obligations of the guardian, the custodian or the temporary defender;

j) the face consisting in employment relationships with organization in which there is person needing guardianship or custody.

Article 56. Family council of the minor

(1) the Body of guardianship in case of establishment of guardianship or custody over the minor can found also family council of the minor if it is justified by need of protection of the minor or structure and property value and if it allows family composition.

(2) Members of family council are appointed by body of guardianship to all term of guardianship or custody.

(3) the Family council of the minor consists at least of three members with voting power. The guardian or, on circumstances, the custodian is member of council owing to the status, without voting power.

(4) the minor's relatives can be Members of family council, and in case of their absence – the other persons showing interest in it and its wellbeing.

(5) the Body of guardianship tries to obtain representation in council of both collateral relationships.

(6) the Body of guardianship appoints members of family council, being guided by the desires and feelings expressed to the minors which reached ten years, its daily relations, interest in it of candidates and possible recommendations of relatives.

(The Family council appoints 7) and recalls the guardian and the minor's custodian.

Article 57. Replacement guardian and replacement custodian.

Special guardian and special custodian

(1) In accordance with the terms, stipulated in Article 112, family council of the minor or, in case of its absence, the body of guardianship can appoint to the minor of the replacement guardian or, on circumstances, the replacement custodian.

(2) In accordance with the terms, stipulated in Article 113, family council of the minor or, in case of its absence, the body of guardianship can appoint to the minor of the special guardian or, on circumstances, the special custodian.

(3) part Provisions (4) Article 55 are applied to the replacement guardian, the special guardian or, on circumstances, the replacement custodian, the special custodian.

Article 58. Personal and non-paid nature of guardianship and custody

(1) Guardianship and custody are personal obligations.

(2) Duties on guardianship and custody are fulfilled gratuitously. Guardians and custodians have the right to require compensation of all expenses made in connection with execution of guardianship and custody.

(3) Body of guardianship, considering the size and structure of property of the ward, can make the decision on transfer of property management or only its part to physical person or the competent legal entity.

Article 59. Obligations of the guardian of the minor and minor's custodian

(1) the Guardian and the custodian shall:

a) live together with the ward and inform body of guardianship on change of the residence. The custodian and the minor ward who reached fourteen years can live separately only with the permission of body of guardianship;

b) care for content of the minor ward;

c) protect the rights and interests of the minor ward.

(2) the Guardian and the custodian have the rights and obligations of parents on education of the minor.

Article 60. Property management of the minor ward

(1) the Guardian really manages and disposes of property of the ward from his name if the managing director of property is not appointed.

(2) Provisions of Articles 131-145 are applied as appropriate to guardianship over the minor.

(3) the Guardian receives the amounts relying the ward in the form of pensions, benefits, the alimony, other current incomes and spends them for content of the ward.

Article 61. Property trust management of the ward

(Family council or, in case of its absence, the body of guardianship concludes 1) In need of permanent management of real and valuable personal estate of the ward with management, certain family council or body of guardianship, the agreement on property trust management. In this case the guardian keeps the powers concerning that property of the ward which is not delivered in trust management.

(2) When implementing by the managing director of competences on property management of the ward operation of articles 131-145 extends to the managing director.

(3) Property trust management of the ward stops on the bases provided by the law for termination of the contract on property trust management and also in guardianship termination cases.

Article 62. Deprivation of the status of the guardian and custodian. Cancellation of guardianship and custody

(1) the Minor, and also persons specified in Article 54, can challenge or inform body of guardianship on the acts or acts of the guardian, replacement guardian and special guardian, and also custodian, replacement custodian and special custodian infringing interests of the minor.

(2) Guardians, replacement guardians and special guardians, and also custodians, replacement custodians and special custodians lose the corresponding status in case of the making of abuse, rough negligence or other acts doing them unworthy to be guardians or custodians, and also in case of improper execution of the obligations by them.

(3) the Body of guardianship cancels guardianship or custody over the minor in case of return of the minor to parents or its adoption.

(4) In case of the placement of the minor ward to social organization, educational, educational, medical or other similar institution the body of guardianship recalls the guardian or the custodian if it does not contradict interests of the ward.

(5) in the presence of the reasonable reasons family council or, in case of its absence, the body of guardianship recalls the guardian, the replacement guardian and the special guardian, and also the custodian, the replacement custodian or the special custodian at their request.

Article 63. Termination of guardianship and custody

(1) In case of achievement of fourteen years by the minor ward guardianship over it stops, and person which had the status of the guardian, replacement guardian or special guardian becomes respectively the custodian replacing with the custodian or the special custodian without the need for pronouncement of the additional decision on it.

(2) Guardianship stops after acquisition or recovery of full legal capacity.

Article 64. Announcement of guardianship and custody over the minor

(1) Establishment, cancellation and change of conditions of guardianship and custody (including appointment of the new guardian, replacement guardian or special guardian or, on circumstances, the new custodian, the replacement custodian or the special custodian) become effective concerning the third parties only after registration of these data in the procedure provided by the Government. The corresponding data become effective concerning the third parties who learned about them otherwise.

(2) the Body of guardianship within three days from the date of decision making about establishment, change of conditions or cancellation of guardianship or custody shall send the copy of the decision to competent authority for implementation of the corresponding registration.

(3) part Provisions (1) are applied as appropriate to the solution of family council of the minor which the guardian, the replacement guardian or the special guardian, and also, on circumstances, the custodian, the replacement custodian or the special custodian is appointed or responds. The body of guardianship sends the copy of the relevant decision to competent authority for registration implementation, except for case of appeal of the decision to degree of jurisdiction.

(4) the Guardian, the replacement guardian and the special guardian, and also the custodian, the replacement custodian and the special custodian have the right to statements about guardianship or, on circumstances, guardianship which they perform, and also about the minor. In other cases of the statement about guardianship or custody over the minor are issued if the applicant pursues legitimate interest, according to the procedure, established by the provision approved by the Government.

Part 4 Measures of contractual and judicial protection

Subpart 1 General provisions

Article 65. Bases, forms and principles of protection

(1) the Physical person which reached age of majority or found other legal way full legal capacity and which owing to mental disease or physical, intellectual or psychological violation cannot understand fully value of the actions or express the will, can use measure of protection which is established depending on its condition or provision.

(2) If other is not established, the measure of protection is directed to protection of both person, and its valuable interests. The measure of protection can be reduced only to one of these areas.

(3) Measures of protection can be contractual (the agreement on assistance, the order on protection of person in the future) and judicial (temporary protection, guardianship, guardianship).

(4) All measures of protection are established and carried out in the conditions of observance of basic rights and personal freedoms and respect of human dignity. Measures of protection serve interests and wellbeing of the protected person and as far as possible its autonomies promote.

(5) Intimate life is component of private life and personal freedom, and any restriction imposed on it shall be legal, reasonable and proportional to the pursued purpose.

(6) Making any decision touching person concerning whom the measure of protection (protected person) or his valuable interests is established degree of jurisdiction, body of guardianship and the face responsible for its protection (the assistant, the attorney authorized by the order about its protection in the future, the temporary defender, the custodian, the guardian, members of family council) give preference to the desires and feelings expressed by the protected person independently or, at its request, by means of the authorized representative. Desires and feelings of the protected person are given preference even if they can put the protected person at certain risk, except cases of the serious risk which is not giving in to decrease by acceptance of certain additional measures.

(7) any person who is freely elected the protected person for the purpose of rendering to it the help in communication is Confidential. In the absence of the choice the authorized representative is designated at the request of the protected person by the communitarian center of mental health.

Article 66. General power of degree of jurisdiction and body of guardianship

(1) the Degree of jurisdiction and body of guardianship exercise general supervision concerning protection measures according to the competence provided by the law.

(2) the Degree of jurisdiction and body of guardianship can visit or require visit of protected persons and persons concerning whom the application for establishment of measure of protection is submitted.

(3) Persons responsible for protection shall be on each challenge and give any information in connection with implementation of protection of person.

(4) the Body of guardianship can issue on demand or on own initiative the instructions obligatory to execution by persons, responsible for protection.

(5) Degree of jurisdiction, having heard or having subpoenaed any interested person, can according to its reasonable request deprive person responsible for protection, its status in case of non-execution of the obligations assigned to it, and also on other legal causes.

Article 67. The authorized defender

(1) Activities of the authorized defender can perform person who got the operating authority of the authorized defender issued according to the law.

(2) the Operating authority of the authorized defender can be requested by sui juris physical person, medical institution or social organization, and also public association which core activity according to the charter is protection of the rights and interests of persons with mental diseases or physical, intellectual or psychological violations.

(3) Body, authorized to issue permissions, conditions and procedure for issue of permissions and implementation of activities of the authorized defender are established by the provision approved by the Government.

Article 68. Fundamental obligations of person responsible for protection

(1) Person responsible for protection, whenever possible regularly informs and advises the protected person on all questions connected with protection measure and also gives it support or gives advice on request of the protected person or proceeding from circumstances. In case person responsible for protection acts on behalf of the protected person, it shall be guided by opinion of the represented person in that measure in what the protected person is capable to express the opinion.

(2) Person responsible for protection shall estimate and consider as far as possible desires and feelings of the protected person expressed to them earlier or in the present.

(3) Person responsible for protection shall keep separate account of property and activities of the protected person and to store the proofs confirming proper execution of measure of protection.

(4) Person responsible for protection shall observe confidentiality of information concerning the protected person including personal data, or information relating to its property, except for case when disclosure of this information is necessary in course of execution of measure of protection or for implementation by competent authority or degree of jurisdiction of supervision of its execution, and also other cases provided by the law.

Article 69. Observance of orders for the purpose of protection

(1) Orders of sui juris physical person concerning protection of the property or the personality in situation when in the future owing to mental disease or physical, intellectual or psychological violation it is not able to understand fully value of the actions or are obligatory to express the will (orders for the purpose of protection) to execution by persons responsible for protection, body of guardianship and degree of jurisdiction, except as specified serious risk for person which is not giving in to decrease by acceptance of certain additional measures.

(2) Orders for the purpose of protection by which one or several persons are designated for implementation of activities as the temporary defender, the custodian, the guardian or other person, responsible for protection, are obligatory to execution, except for case when the nominated person refuses this status which is not able it to perform or in case of serious risk for person, the constituted order which is not giving in to decrease by acceptance of certain additional measures.

(3) Orders for the purpose of protection are constituted, change and respond in writing, under the threat of their negligibility, person which is personally giving orders.

(4) part Provisions (1) are applied as appropriate in case parents or the worried parent who is not protected by measure of judicial protection in the form of guardianship or guardianship and performing parent care over the minor child or bearing responsibility for material and moral welfare of the adult child designates one or several persons who will act, on circumstances, as the temporary defender, the custodian or the child's guardian in case of the death of parents or loss by them owing to mental disease or physical, intellectual or psychological violation of capability fully to understand value of the actions or to express the will.

(5) Upon the demand of person which constituted orders for the purpose of protection they can be registered in the procedure provided by the Government. In case of change or withdrawal of earlier registered orders person requires registration of changes or, on circumstances, exception of record about registration.

(6) Lack of the registration provided by part (5), their changes or, on circumstances, the response does not influence validity of orders.

(7) Any person can refer to the available orders for the purpose of protection. The degree of jurisdiction or, on circumstances, body of guardianship on own initiative studies the registration records provided by part (5).

(8) If circumstances based on which orders for the purpose of protection are constituted significantly changed in such a way that it is possible to assume that person would not give such orders any more or would give other orders, degree of jurisdiction on own initiative or upon the demand of the interested person can change or cancel the corresponding orders if their observance puts person at serious risk which does not give in to decrease by acceptance of certain additional measures. Before decision making about change or cancellation of orders the degree of jurisdiction hears person which constituted orders and determines his desires in connection with these orders.

(9) in case of change or cancellation of orders or cancellation of their change or cancellation the degree of jurisdiction or, on circumstances, body of guardianship takes it into consideration, except for case when there are doubts that it reflects desires and feelings of person.

Article 70. Mode of the dwelling of the protected person

(1) the Rights of the protected person to the dwelling and the personal estate which is in it irrespective of, the dwelling the place of his residence or the place of temporary stay is, remain behind it until it is necessary.

(2) the property management Right, specified in part (1), allows to sign only contracts on cession of property in temporary use which can be terminated by retroactive effect upon return of the protected person in the dwelling. Any contractual condition interpreted to the detriment of the protected person is insignificant.

(3) If there is need for the order the rights of the protected person to the dwelling or personal estate which is in the dwelling by transaction about the order, about termination by retroactive effect or about transfer to use to the third parties or if it serves interests of the protected person, the transaction shall be approved by family council or, in case of its absence, body of guardianship.

(4) If the purpose of the transaction provided in part (3), consists in the protected person in medical institution or social organization, pre-trial detention of the doctor who is not performing in this organization of any of positions is necessary. In all cases the property specified in Items a) - h) parts (1) article 89 of the Executive code, shall remain at the disposal of the protected person or, depending on circumstances, under responsibility of organization in which person is placed.

(5) Provisions of parts (1) - (3) are not applied in case of the forced Section or the address of recovery by enforcement.

Article 71. Mode of accounts of the protected person

(1) Person responsible for protection cannot change the accounts opened addressed to the protected person and cannot open accounts in other financial institution.

(2) In departure from part provisions (1) family council or, in case of its absence, the body of guardianship can grant permission for change or opening of the account if it serves interests of the protected person.

(3) If the protected person has no account, person responsible for protection opens the account addressed to the protected person.

(4) the Transactions on collection, payment and the order money performed on behalf of the protected person are made only through the account opened addressed to the protected person if the law for certain categories of payments does not provide other.

(5) the Fruits and products received as a result of use of the money and values belonging to the protected person are due to exclusively this person.

Article 72. Compensation of person responsible for protection

(1) other persons, than the authorized defender, perform measures of judicial protection on a grant basis.

(2) In departure from part provisions (1) family council or, in case of its absence, the body of guardianship can resolve depending on nature of the property which is under management or complexity of execution of measure of protection payment of remuneration for benefit of person responsible for protection, having established its size. Payment of remuneration is performed at the expense of the protected person.

(3) If the measure of judicial protection is performed by the authorized defender, financing is made completely at the expense of the protected person.

(4) If financing of measure of the protection performed by the authorized defender cannot be completely provided with the protected person, it is provided with the state in limits and in accordance with the terms of the law.

(5) In exceptional cases family council or, in case of its absence, the body of guardianship can resolve provision to the authorized defender of remuneration for transaction or number of transactions which need is caused by measure of protection and which assume appendix of long efforts or the increased complexity, in addition to the amounts paid according to parts (2) and (3) if these amounts appear insufficiently. This remuneration is paid for the account of the protected person.

(6) the Order about protection of person in the future and the agreement on assistance are non-paid if other is not provided.

Article 73. Responsibility of person responsible for protection

(1) Person responsible for protection bears damage liability, caused in case of execution of measure of protection.

(2) Person responsible for protection bears responsibility for approval of the transaction made by the protected person, only if the first was effective intentionally or made heavy offense.

(3) the Attorney authorized by the order about protection of person in the future bears responsibility according to legislative provisions on the guarantee.

Subpart 2. Help in decision making

Article 74. Help in decision making

(1) If person needs protection only in the form of the help in decision making, it can sign the contract on assistance with person which expressed desire to give such help (assistant). Person can have one or several assistants.

(2) Under the agreement on assistance the assistant shall be present when making by the protected person of transactions and adoption of other decisions by it, to provide it necessary information and consultations and to help with communication with the third parties irrespective of communication form.

(3) If the protected person makes the transaction in written or notarial form, the assistant can fasten it with the signature, having specified the status and nature of the given help.

(4) appropriately legislative provisions on the guarantee are applied To the agreement on assistance, at the same time the status of the assistant does not confer powers on representation of interests of the protected person.

(5) the Assistant shall notify body of guardianship on the beginning and, on circumstances, the assistance termination.

Article 75. The termination of assistance in decision making

(Any agreement party about assistance can declare 1) agreement cancelation by retroactive effect without specifying of the reasons.

(2) in case of establishment of measure of judicial protection the degree of jurisdiction passes the decision on termination by retroactive effect of the agreement on assistance.

Subpart 3 the Order about protection in the future

§1. General provisions

Article 76. The order about protection in the future

(1) the Physical person which reached age of majority or found other legal way full legal capacity (principal), can authorize one or several attorneys to represent its interests in situation when owing to mental disease or physical, intellectual or psychological violation it is not able to understand fully value of the actions or to express the will.

(2) If the principal authorized several attorneys, he can order to them to act jointly, at the same time, one by one or only for the purpose of replacement of other attorney.

(3) Person which is under guardianship can draw up the order about protection in the future with the consent of the custodian.

(4) Person which is under guardianship cannot draw up the order about protection in the future personally, through the representative.

(5) legislative provisions on the guarantee and legislative provisions on representation in that measure in what they are not incompatible with provisions of this part as a part of Chapter are in the future applied To the order about protection. Part provisions (2) Articles 374, Articles 375, parts (1) Article 376 and Article 377 are not applied to the order about protection in the future.

(6) Legislative provisions on the trust management agreement are applicable in that measure in what the attorney is given authority on property management of the principal.

Article 77. The order about protection of the child in the future

(1) Parents or the worried parent who is not protected by measure of judicial protection in the form of guardianship or custody and performing parent care over the minor child or bearing responsibility for material and moral welfare of the adult child can authorize one or several attorneys to represent this child to situations when owing to mental disease or physical, intellectual or psychological violation the child is not able to understand fully value of the actions or to express the will.

(2) the Order about protection of the child in the future becomes effective in case of the death of parents or loss by them owing to mental disease or physical, intellectual or psychological violation of capability fully to understand value of the actions or to express the will.

(3) appropriately legislative provisions on the order on protection in the future are in the future applied To the order about protection of the child.

Article 78. Order form of protection in the future

(1) the Order about protection can be in the future included in the agreement of the order, the power of attorney or other legal act.

(2) the Legal act which provides the order about protection in the future is made in writing under the threat of negligibility or in notarial form. The principal cannot make the act corresponding right through the representative.

(3) the Legal act which provides the order about protection of the child in the future is made in notarial form.

Article 79. Powers of the attorney

(1) If the order about protection is in the future provided also for protection of the identity of the principal, the attorney acquires the rights and obligations of the guardian, and the principal – the rights and obligations of the face protected by measure of judicial protection in the form of guardianship provided by Articles 115-119. Any condition departing from these provisions to the detriment of the principal is insignificant.

(The Order about protection in the future can provide 2):

a) the right of the attorney to accompany the principal everywhere where it is necessary, and to help it with decision making, connected with his health;

b) power of the attorney to agree on behalf of the principal to physical examinations and interventions;

c) orders for the purpose of protection.

(3) the Order about protection in the future can provide methods of control of its execution.

Article 80. Attorney

(1) by the Attorney any physical person at the choice of the principal, and also any legal entity having the status of the authorized defender can be designated.

(2) the Attorney – physical person during execution of the order about protection in the future shall have full legal capacity and conform to requirements imposed by the law to the guardian.

(3) If other is not established, the order about protection in the future is considered provided sine die.

(4) during execution of the order about protection in the future the attorney can be recalled only by the decision of degree of jurisdiction according to Article 83.

Article 81. Legal consequences of the order about protection in the future

(1) For entry into force of the order about protection in the future the attorney shows it to body of guardianship together with the conclusion of the extrajudicial psychiatric examination performed for establishment of measure of protection issued within the last two months. The body of guardianship fastens it with the sign and seal with indication of date of putting down of the signature on the original of the order then returns it to the attorney. Date when the order about protection in the future became effective, date of putting down by body of guardianship of the signature on the order is considered.

(2) the Attorney shall notify the principal on entry into force of the order about protection in the future.

(3) Entry into force of the order about protection in the future does not influence capacity to act of the principal at all.

(4) the Provisions concerning the order about protection in the future are applied and in case the order is constituted so that to be valid before the date specified in part (1), and directly provide for it opportunity to remain in legal force even in case the principal owing to mental disease or physical, intellectual or psychological violation is not able to understand fully value of the actions or to express the will.

Article 82. Transfer of execution of the order to the third party

(1) the Attorney performs the order personally. He can confer special powers to the third party or the several third parties for certain transactions.

(2) the Attorney is responsible for actions of the third party according to parts (3) - (5) Article 1481.

Article 83. The termination and suspension of the become effective order about protection in the future

(1) the Order about protection in the future which became effective stops in one of the following cases:

a) the death of the protected person or establishment of measure of judicial protection concerning it if the decision of degree of jurisdiction does not provide other;

b) the death of the attorney-physical person or establishment of measure of judicial protection concerning it;

c) initiation of process of insolvency concerning the attorney-legal entity or his liquidation;

d) loss by the attorney of the status of the authorized defender;

e) cancellation of the order about protection in the future the decision of degree of jurisdiction.

(2) Upon the demand of any interested person the degree of jurisdiction can make the decision on cancellation of the order on protection in the future in the following cases:

a) the protected person can understand value of the actions or express the will and thus does not need preserving measure of protection any more;

b) legal statuses about mutual representation of spouses and the mode of property of spouses are enough for protection of interests of the principal;

c) the attorney performs the order about protection in the future to the detriment of interests or wellbeing of the principal. In this case the degree of jurisdiction can withdraw powers of the attorney fully or partially.

(3) the Degree of jurisdiction can suspend the order about protection in the future for the term for which the measure of temporary protection is established.

(4) In the case provided in Item c) of part (2), the degree of jurisdiction establishes measure of judicial protection based on the law and in the procedure established by it.

(5) the Decision of degree of jurisdiction on suspension or cancellation of the order on protection is in the future told the principal and the attorney, and also body of guardianship. If the order about protection is in the future registered according to the procedure, provided by part (5) Articles 69, the decision on suspension or cancellation goes for introduction of necessary record or its exception.

Article 84. Intervention of degree of jurisdiction in procedure for execution of the order about protection in the future

(1) Any interested person can demand from degree of jurisdiction of cancellation of fastening the signature of the order about protection in the future performed according to part (1) Article 81, if legal conditions, and also interpretation of contents of the order about protection in the future or determinations of conditions and procedure for its execution are not complied.

(2) Before consideration of the application about cancellation of the order about protection in the future the degree of jurisdiction hears the attorney and, if necessary, the principal, giving at the same time preference to desires and paramount interests of the principal and his wellbeing.

Article 85. Provision of additional powers by degree of jurisdiction

(1) If because of limitation of the conferred powers the order about protection in the future does not allow to perform adequately protection of private or valuable interests of the protected person, the degree of jurisdiction according to the statement of the attorney can the decision confer it necessary additional powers. When ascertaining conflict of interest between the principal and the attorney the degree of jurisdiction based on the same statement can the decision authorize the special attorney on making of the certain transactions which are going beyond the available order.

(2) the Attorney authorized by the order about protection in the future and the special attorney authorized by degree of jurisdiction act independently and do not bear responsibility before each other, however shall notify each other on the made decisions.

Article 86. Obligation of the property of the principal confided on carrying out inventory count and to creation of the reporting

The obligations provided by provisions of Articles 137 and 141-145 are assigned to the attorney given authority on property management of the principal.

§ 2. Notarially certified order

Article 87. Creation, change and cancellation of notarially certified order

(1) If the order about protection is in the future provided by the unilateral legal act made in notarial form, the attorney can agree to accept the order, having fastened it with the signature.

(2) until the introduction of the order in force the principal can change it in the same form or cancel, having notified on cancellation of the attorney and notary, and the attorney can refuse to accept the order, having notified on it the principal and the notary. For the third parties cancellation of the corresponding order is effective from the moment of accomplishment of formalities on announcement.

Article 88. Formalities on announcement

The order about protection of person in the future provided by notarially certified legal act falls under the same formalities on announcement, as the notarial power of attorney.

Article 89. The powers conferred by notarially certified order

(1) In departure from Article 1475 provisions the order about protection in the future formulated in general concepts confers to the attorney powers for making of all transactions provided by Articles 138 and 139. In the order certain limits of powers of the attorney can be stipulated.

(2) the Attorney can make the non-paid transaction on the order only with the permission of body of guardianship, excepting insignificant gifts for observance of moral obligations.

§ 3. Order in writing

Article 90. Creation, change and cancellation of the order to written form

(1) the Order about protection in the future provided by the legal act made in writing shall be dated and is signed personally by the principal.

(2) the Attorney agrees to accept the order, having fastened it with the signature.

(3) until the introduction of the order in force the principal can change it in the same form or cancel, and the attorney can refuse to accept the order, having notified on it the principal.

Article 91. Limits of the powers conferred by the order in writing

(1) In the part concerning property management, the order about protection in the future provided by the legal act made in writing is limited to transactions, stipulated in Article 138.

(2) If for the benefit of the principal or its wellbeing requires transaction, stipulated in Article 139, or transactions for which making powers by the order about protection in the future are not conferred to the attorney, the attorney can request in degree of jurisdiction permission to making of such transaction according to Article 85.

(3) Any condition of the order in writing contradicting provisions of parts (1) and (2), is insignificant.

Subpart 4 Measures of judicial protection. General provisions

Article 92. Subsidiary nature of measures of judicial protection

(1) Mer of judicial protection it can be established by degree of jurisdiction only in case it is necessary and only if the face is insufficiently protected by application of legal statuses about obligation of content of the spouse and relatives, about the mode of common property of spouses, about assistance in decision making or the order about protection of the corresponding person in the future.

(2) Mer of judicial protection shall be individualized and proportional extent of decline in the ability of person to understand value of the actions or to express the will, come owing to mental disease or physical, intellectual or psychological violation.

Article 93. Persons concerning whom the measure of judicial protection can be established

(1) Mer of judicial protection it can be established concerning sui juris person.

(2) the Application for establishment of measure of judicial protection can be submitted also concerning the minor who does not have full legal capacity, but reached seventeen years. In this case the measure of judicial protection is considered established only from the date of occurrence of age of majority of person.

Article 94. Statement for establishment of measure of judicial protection

(1) the Application for establishment of measure of judicial protection can be submitted:

a) physical person concerning which establishment of measure of judicial protection is requested;

b) the spouse of person specified in Item a);

c) person with whom person specified in Item a), more than three years live jointly;

d) the relative or the cousin-in-law of person specified in Item a);

e) the attorney authorized by the order about protection in the future irrespective of whether it is effective or stopped to be effective;

f) body of guardianship.

(2) the Body of guardianship can submit the application provided by part (1), only if persons specified in Items a) - e) parts (1), did not submit such application within three months from the date of the appeal of body of guardianship to them.

Article 95. Cancellation of measure of judicial protection

(1) Upon the demand of the protected person or persons specified in part (1) Articles 94, the degree of jurisdiction can order cancellation of measure of judicial protection if need for that disappeared.

(2) Any person can address to body of guardianship in connection with falling away of need for measure of judicial protection. In that case the body of guardianship shall, without allowing unreasonable delays, to consider the address and, depending on circumstances, to demand cancellation of measure according to part (1).

Article 96. Announcement of establishment, change and cancellation of measure of judicial protection

(1) Establishment of measure of judicial protection, its condition, its change (including appointment of the new temporary defender, custodian or guardian) and cancellation become effective concerning the third parties only after registration of these data in the procedure provided by the Government.

(2) For accomplishment of the registration specified in part (1), the degree of jurisdiction within three days from the date of finding of final nature the decision of degree of jurisdiction on establishment, change or cancellation of measure of judicial protection transfers the copy of its substantive provisions to competent authority.

(3) part Provisions (1) are applied as appropriate to the solution of family council on appointment or response of the guardian, and also to the solution of family council or, depending on circumstances, body of guardianship about restriction of powers of the guardian based on Article 136. The body of guardianship shall transfer the copy of this decision to competent authority for accomplishment of the corresponding registration, except for case of appeal of the decision to degree of jurisdiction.

(Person has 4) the right to statements in connection with measures of judicial protection concerning itself personally, the minor children, and also person, the temporary defender, the custodian or the guardian of which it is. In other cases of the statement in connection with measures of judicial protection are issued in the procedure provided by the Government only to the applicant pursuing legitimate interest.

(5) Lack of mark, stipulated in Item 15) parts (2) Article 435, is not eliminated by protivopostavimost (predjyavimost) to the third parties if the formalities on announcement provided by this Article are executed.

Subpart 5 Temporary protection

Article 97. Establishment of temporary protection

(1) the Degree of jurisdiction can establish the decision temporary protection concerning person, which based on part (1) Article 65 needs temporary protection or representation of its interests for accomplishment only of certain transactions.

(2) In departure from Article provisions (1) temporary protection can be also established by determination of degree of jurisdiction for the period of implementation of the procedure of establishment of guardianship or guardianship.

(3) In urgent case the degree of jurisdiction can establish temporary protection with delay of hearing of person. The degree of jurisdiction hears person in the shortest possible time and if the appearance of person is not represented possible for the objective reasons, hears it in the location, stating, on circumstances, lack of possibility of communication with it.

Article 98. Legal consequences of temporary protection concerning capacity to act

(1) Person concerning whom temporary protection is established keeps full legal capacity.

(2) Person concerning whom temporary protection is established cannot independently make transactions for which the degree of jurisdiction appointed the temporary defender according to Article 100.

Article 99. Protection of property

(1) the Agreement by which the protected person confers to other person powers on property management continues to be effective during the term of temporary protection, except as specified its response or suspension by degree of jurisdiction with hearing of the managing director or its writ of summons.

(2) in the absence of the order rules of administration are applied.

(3) Persons having the right to require establishment of guardianship or guardianship shall make the actions for preserving necessary for saving of property of the protected person, at once after they knew of urgency of such actions, and also of the fact of establishment of temporary protection. These provisions are applied to person, the medical institution or social organization which placed with itself person concerning whom temporary protection is established.

Article 100. Appointment of the temporary defender

(1) If there was need for protection with excess of the conditions determined by Article 99, any interested person can address to degree of jurisdiction behind appointment of the temporary defender according to the procedure and on the conditions provided by Articles 106-111, for the purpose of making of one or several transactions the, including transactions on the order necessary for property management of the protected person.

(2) the Temporary defender can be given degree of jurisdiction authority on transactions and other actions, stipulated in Article 98.

(3) the Temporary defender shall submit reports on the activities to the protected person and body of guardianship in accordance with the terms, the provided Articles 141-145.

(4) the Temporary defender can be given degree of jurisdiction authority on protection of person according to Articles 115-121.

Article 101. Effective period and termination of temporary protection

(1) Temporary protection is established for the term which is not exceeding one year and it can be renewed only once on the conditions provided by part (4) Article 104.

(2) If cancellation of measure was not ordered according to Article 95, temporary protection stops:

a) owing to the expiration on which it was established;

b) after accomplishment of transactions for which it was established;

c) since the moment at which it is considered established guardianship or guardianship.

Subpart 6 of the Measure of judicial protection in the form of guardianship and guardianship

§ 1. General provisions

Article 102. Cases when measures of judicial protection in the form of guardianship and guardianship can be established

(1) concerning person which, without being completely deprived of capability to understand value of the actions, needs on the bases stated in part (1) Articles 65, in the permanent help, the measure of judicial protection in the form of guardianship can be established.

(2) Guardianship is established only if temporary protection does not provide to person of sufficient protection.

(3) concerning person, which on the bases stated in part (1) Articles 65, needs permanent mission, the measure of judicial protection in the form of guardianship can be established.

(4) Guardianship is established only if neither temporary protection, nor guardianship provide to person of sufficient protection.

Article 103. Effective period of measures of judicial protection in the form of guardianship and guardianship

(1) the Degree of jurisdiction establishes measure of judicial protection in the form of guardianship or guardianship for the term which is not exceeding five years.

(2) in case of guardianship establishment degree of jurisdiction in departure from part provisions (1) can determine it for a period of up to ten years the motivated decision and based on the conclusion of psychiatric examination, confirmatory that, proceeding from the level of development of science, there are no strong indications of possible improvement of condition of person.

Article 104. Renewal of measure of judicial protection

(1) the Degree of jurisdiction can renew measure of judicial protection for the term equal to initial term of protection.

(2) In departure from part provisions (1) in case of guardianship renewal the degree of jurisdiction based on the conclusion of psychiatric examination, confirmatory that there are no strong indications of possible improvement of condition of person, the motivated decision can establish it for a period of up to 20 years.

(3) the Degree of jurisdiction can cancel or change at any time measure of judicial protection or replace it with other measure of judicial protection after hearing of person responsible for protection.

(4) the Degree of jurisdiction passes the decision according to the address of one of persons specified in part (1) Articles 94, after consideration of the health certificate granted by the psychiatrist. The degree of jurisdiction can appoint determination conducting forensic-psychiatric examination.

Article 105. The termination of measures of judicial protection in the form of guardianship and guardianship

(1) Measures of judicial protection in the form of guardianship and guardianship stop after the term for which they are established if their renewal, after finding of final nature the judgment on cancellation of measure and in case of the death of the protected person was not offered.

(2) the Degree of jurisdiction can order the termination of measure of judicial protection if the protected person lives outside the territory of the Republic of Moldova that it excludes possibility of supervision and control of execution of adequate measure.

§ 2. Persons responsible for protection

Article 106. Incompatibility in case of execution of measures of judicial protection in the form of guardianship and guardianship

(1) Obligations of guardianship and guardianship can be performed only by person which is not in one of the situations of incompatibility provided by part (4) Article 55.

(2) Health workers and druggists, and also the nurses consisting in employment relationships with organization where person over whom guardianship or custody is established, or the providing services to this person, including at the place of residence is placed cannot fulfill duties of guardianship or guardianship concerning the patients.

Article 107. Appointment of the custodian and guardian

(1) the Custodian and the guardian are appointed by degree of jurisdiction. If the family council is created, the guardian is appointed by council according to part (7) Article 114.

(2) Taking into account situation in which there is protected person, qualifications of interested persons and also structure and cost of the property which is subject to management the degree of jurisdiction can appoint several custodians or several guardians for joint execution of measure of protection.

(3) Without approval of other custodians or guardians the custodian and, respectively, the guardian can make only transactions, stipulated in Article 138.

(4) the Degree of jurisdiction can divide protection measure between the custodian (guardian) responsible for implementation of protection of person, and the custodian (guardian) responsible for property management, and also can entrust management of certain property to the replacement custodian (the replacement guardian).

(5) If the degree of jurisdiction does not establish other, persons designated in pursuance of provisions of parts (2) - (4), are effective independently and do not bear responsibility before each other, however shall notify each other on the made decisions.

Article 108. Appointment in the absence of preservation orders

(1) in the absence of the preservation orders specified in Article 69, degree of jurisdiction appoints the custodian or the guardian of the spouse of the protected person or person living together with it at least three years, except for case when their cohabitation stopped or when appointment is interfered by other reasonable reason.

(2) If appointment of the custodian or guardian according to part (1) it is impossible, the degree of jurisdiction appoints the custodian or the guardian of the parent, the relative or other person who is living together with the protected person or steadily keeping with it in close connection, except for case when appointment of the corresponding person is interfered by the reasonable reason.

(3) In case of appointment of the custodian and guardian the degree of jurisdiction considers the desires and feelings expressed by the protected person, its daily relations, interest in it of candidates and possible recommendations of parents, relatives and persons from environment of the protected person.

Article 109. Appointment of the authorized defender

(1) If any of family members and any of close persons cannot undertake execution of measure of protection in the form of guardianship or guardianship, the degree of jurisdiction appoints the authorized defender.

(2) the Authorized defender cannot refuse making of urgent transactions which interests of the protected person or his wellbeing require, in particular, transactions on preserving.

(3) If it is caused by interests of the person placed or receiving care in medical institution or social organization, the degree of jurisdiction can appoint the custodian or the guardian person or service as a part of this organization if the organization is the authorized defender.

Article 110. Personal fulfillment of duties of the custodian and guardian

(1) Guardianship and guardianship are personal obligations.

(2) the Custodian and the guardian, reserving responsibility, can use the help of the third parties.

Article 111. Refusal of the status of the custodian and guardian

The custodian and the guardian cannot refuse the status if less than five years, except for case when they have reasonable reasons (the difficulty of execution of measure of protection caused by disease or helpless condition of the custodian or guardian, moving on residence to other country, disagreement with desires and feelings of the protected person, etc.) have it. The spouse and children of the protected person, and also the authorized defender can refuse the status of the custodian and the guardian only for the reasonable reason.

Article 112. Replacement custodian and replacement guardian

(1) the Degree of jurisdiction can if considers necessary and on condition of provision of powers by family council – in the presence of that to appoint the replacement custodian or, on circumstances, the replacement guardian.

(2) If custodian or the guardian is the parent or the relative of the protected person on one of sidelines, the replacement custodian or, on circumstances, the replacement guardian is appointed as far as possible from relatives of other sideline.

(3) If any of family members and any of close persons cannot be the replacement custodian or the replacement guardian, the degree of jurisdiction can appoint the authorized defender.

(4) the Replacement custodian or, on circumstances, the replacement guardian exercises supervision of the transactions made by the custodian or, on circumstances, the guardian in pursuance of measure of protection and without delay informs body of guardianship in case of establishment of violations in case of its execution. Otherwise he shall indemnify the loss caused to the protected person.

(5) the Replacement custodian or, on circumstances, the replacement guardian gives help to the protected person or in case of need represents him if its interests contradict interests of the custodian or, on circumstances, the guardian or if the custodian or the guardian cannot give him help or represent it because of limitation of the powers.

(6) the Status of the replacement custodian and replacement guardian stops with the termination of the status of the custodian and, respectively, the guardian. The replacement custodian and the replacement guardian shall require replacement of the custodian or, on circumstances, the guardian in case of the termination of its status. Otherwise he shall indemnify the loss caused to the protected person.

Article 113. Special custodian and special guardian

(1) If the replacement custodian or, on circumstances, the replacement guardian, the custodian and the guardian whose interests contradict interests of the protected person in connection with transaction or number of transactions, and also the custodian and the guardian who cannot give to the protected person help was not appointed or represent it because of limitation of the powers, shall demand from family council or, in case of its absence, from body of guardianship of appointment of the special custodian or, on circumstances, the special guardian.

(2) Appointment of the special custodian and special guardian can be performed by family council or body of guardianship also upon the demand of any interested person or on own initiative.

(3) In cases, the stipulated in Article 581 Code of civil procedure, the special custodian or the special guardian is appointed by the degree of jurisdiction considering case which participant is the protected person.

Article 114. Family council of the protected person

(1) In case of establishment of measure of judicial protection in the form of guardianship the degree of jurisdiction can found family council if it is justified by need of protection of person or structure and property value and if it allows family composition and environments of the protected person.

(2) Members of family council are appointed by degree of jurisdiction to all effective period of guardianship.

(3) the Family council consists at least of three members with voting power. The guardian is member of family council owing to the status, without voting power.

(4) parents and other relatives of the protected person, and also the other persons showing interest in the protected person and his wellbeing can be Members of family council.

(5) the Degree of jurisdiction as far as possible provides representation in council of both collateral relationships.

(6) the Degree of jurisdiction appoints members of family council, being guided by the desires and feelings expressed by the protected person, its daily relations, interest in it of candidates and possible recommendations of parents and relatives and also its environments.

(The Family council appoints 7) and recalls the guardian, the replacement guardian and, on circumstances, the special guardian according to Articles 107-113.

(8) in case of absence of family council its warrants of law are performed by body of guardianship. On absence period of family council the guardian, the replacement guardian and, on circumstances, the special guardian are appointed and respond degree of jurisdiction.

§ 3. Protection of private non-property interests

Article 115. Obligation of informing person on personal situation

The guardian and the custodian shall provide to the protected person without prejudice to its interests information on its personal situation relating to it acts and decisions, their urgency, consequences which the third parties shall provide it, and also, in case of its refusal to perform the act or to make the decision, – about consequences of such non-execution or rejection.

Article 116. Especially personal acts

(1) If the law does not provide other, the acts assuming exclusively personal consent of the protected person cannot be commited by person, responsible for protection, and do not require its approval.

(2) the statement for the child's birth, its recognition, acts of parent care over the child, the statement for the choice or change of name of the child and the consent of the protected person to its adoption or to adoption of his child are considered as Especially personal acts.

Article 117. Help and representation in other personal acts

(1) In addition to cases, stipulated in Article 116, the protected person independently makes decisions on the private non-property interests in that measure in what it allows its condition.

(2) If the condition of the protected person does not allow it to make independently the decision, family council or, in case of its absence, the body of guardianship can provide for it opportunity to use the help of person responsible for protection, in all acts relating to it or only in some directly specified acts. If such protection is not enough, the degree of jurisdiction can confer in addition to the guardian powers on representation of the protected person in the relevant acts.

(3) Person responsible for protection can take concerning the protected person the measures necessary for its protection against danger which is constituted for it by own behavior. Person responsible for protection, without delay informs on it family council or, in case of its absence, body of guardianship.

(4) In urgent case person responsible for protection cannot without the permission of family council or, in case of its lack, body of guardianship to make the decision attracting gross violation of corporal immunity of the protected person or confidentiality of his private life.

Article 118. Conflict resolution of interests

(1) Application of provisions of Articles 115-119 does not attract departure from the provisions of the special law requiring intervention of the legal representative.

(2) If execution of measure of protection according to part (3) Article 109 either the medical institution or social organization is assigned to person, and this person or organization needs to perform the act requiring permission of body of guardianship or family council according to parts (3) and (4) Articles 117, or to show precaution for the benefit of the protected person or to perform the act which according to the special law requires intervention of body of guardianship, the last, having considered that there is conflict of interest, can entrust implementation of such act to the replacement custodian or the replacement guardian if that is appointed, and in case of its absence – to the special custodian or the special guardian.

Article 119. Liberty of choice of the place of stay and freedom of communication

(1) the Protected person has the right freely to choose the residence or the place of temporary stay.

(2) the Protected person has the right to communicate with the third parties – parents or other persons. The protected person has the right to accept these persons and, on circumstances, to visit them.

(3) If person responsible for protection limits implementation of the rights specified in parts (1) and (2), the decision is made on this matter by family council or, in case of its absence, body of guardianship.

Article 120. Permission to marriage

(1) Marriage by person concerning which guardianship is established is allowed at own will persons if the degree of jurisdiction did not order in the decision on guardianship establishment that marriage is allowed only from approval of the custodian or, in case of its refusal, with the permission of body of guardianship.

(2) Marriage by person concerning which guardianship is established is allowed only with the permission of family council or, in case of its lack, body of guardianship after hearing of future spouses and, if necessary, their parents.

Article 121. Report on protection of private non-property interests

At the time of establishment of measure of judicial protection in the form of guardianship and guardianship or subsequently or, in case of its absence, the body of guardianship establishes family council for the custodian or, on circumstances, the guardian of condition of submission of the reporting on protection of private non-property interests of the protected person.

§ 4. The transactions made during guardianship

Article 122. Help of the custodian

(1) the Face protected by measure of judicial protection in the form of guardianship cannot without the aid of the custodian and permission of body of guardianship to make transactions, stipulated in Article 139.

(2) During transaction in written or notarial form the help of the custodian consists in putting down of the signature near the signature of the protected person.

(3) the Custodian shall explain to the protected person essence of the transaction and its consequence, arriving also honesty as he arrives in own activities.

(4) under the threat of negligibility any notification which goes to the protected person in connection with the transactions specified in Article 139, shall go also to the custodian.

(5) it is not allowed, and the custodian has no right to approve making by the protected person of the transactions provided by Items a) and b) parts (1) Articles 140, behind the exceptions provided by part (2) Article 140.

Article 123. Representative powers of the custodian

(1) the Custodian, performing powers on protection of the protected person, cannot replace the protected person to be effective from his name.

(2) If it is determined that the face protected by measure of judicial protection in the form of guardianship undermines the interests, the custodian can address to degree of jurisdiction behind provision of powers on making of certain transaction or request guardianship establishments.

(3) If the custodian refuses to help the protected person with transaction, it can request permission to make this transaction independently from body of guardianship.

Article 124. The rights of the face protected by measure of judicial protection in the form of guardianship

(1) the Protected person can constitute the will independently.

(2) the Protected person can do donations only by means of the custodian.

(3) It is considered that interests of the custodian contradict interests of the protected person if he is donee.

Article 125. Capacity to act content determination

In case of establishment of measure of judicial protection in the form of guardianship in departure from provisions of Article 122 and in pursuance of part provisions (2) articles 92 the degree of jurisdiction lists categories of transactions which the protected person is capable to make independently, or categories of transactions which require the help or representation of the custodian. Part provisions (3) Article 127 are applied as appropriate.

Article 126. Limited guardianship

(1) the Degree of jurisdiction can dispose about establishment of limited guardianship at any time.

(2) in case of limited guardianship the custodian only accumulates the income of the protected person on the account opened addressed to this person.

(3) the Custodian independently provides payment of debts of the protected person to the third parties, transfering the remaining balance to account which is at the disposal of the protected person or hands to his protected person cash.

(4) Without prejudice to article 119 provisions the body of guardianship can resolve the custodian the conclusion of the agreement on hiring of housing or other agreement providing the protected person with housing.

(5) the provisions of Articles 137 and 141-145, applied as appropriate extend To limited guardianship.

§ 5. The transactions made during guardianship

Article 127. Representative powers of the guardian

(1) Except as specified when the law or custom authorizes the face protected by measure of judicial protection in the form of guardianship to be effective independently, and only in case the protected person is completely deprived of capability to understand value of the actions, its interests in all transactions are represented by the guardian.

(2) If person is not completely deprived of capability to understand value of the actions, in pursuance of part provisions (2) articles 92 the degree of jurisdiction shall in the decision on establishment of guardianship list transactions which the protected person is capable to make independently or by means of the guardian without additional permission.

(3) In particular in the judgment on establishment of guardianship can be exempted from the requirement of permission of the transaction, provided by part (1) Articles 139, having the subject personal estate which individual cost does not exceed 10 000 lei.

Article 128. Property management of the face protected by measure of judicial protection in the form of guardianship

If it is not forbidden by part provisions (2) Articles 127, the representation of the face protected by measure of judicial protection in the form of guardianship in the transactions necessary for management of its property, is performed according to provisions of Articles 131-145.

Article 129. Representation in legal proceedings

(1) the Guardian can represent the protected person for the purpose of protection of its personal non-property rights only after receipt of permission of family council or, in case of its lack, body of guardianship or according to the instruction of one of them.

(2) Family council or, in case of its absence, the body of guardianship can oblige the guardian to abandonment of claim or to the conclusion of the voluntary settlement.

Article 130. The will of the face protected by measure of judicial protection in the form of guardianship

(1) the Protected person after establishment of guardianship can constitute or change independently the will only with the permission of family council or, in case of its lack, body of guardianship. In this case the guardian cannot give help and represent the protected person.

(2) the Protected person can independently withdraw the will constituted to or after guardianship establishment.

Subpart 7 the Property management of the face protected by measure of judicial protection in the form of guardianship

§ 1. General provisions

Article 131. Principles of management

(1) the Guardian represents the protected person in the transactions necessary for management of its property.

(2) In case of property management the guardian shall care for it circumspectly and honesty, being effective only in interests and for the good of the protected person.

Article 132. Role of the replacement guardian

The replacement guardian exercises supervision of transactions which carrying out is imputed obligation to the guardian, and also behind procedure for investment or reinvestment of the capital according to instructions of family council or, in case of its lack, body of guardianship.

Article 133. Intervention of the third parties

(1) the Third parties can inform body of guardianship on the actions or failure to act of the guardian capable to cause damage to interests and wellbeing of the protected person.

(2) If at the time of appointment of a guardian its actions or failure to act explicitly undermining interests or wellbeing of the protected person are known to the third parties, they shall inform on it body of guardianship.

§ 2. Competence of family council and body of guardianship

Article 134. The annual budget and involvement of specialists on contractual basis

(1) the Guardian approves the budget, necessary for guardianship implementation, depending on the value of property of the protected person, transactions, necessary for property management, and annual expenses on content of the protected person and expense recovery for property management.

(2) the Guardian notifies on approval of the budget family council or, in case of its absence, body of guardianship. In case of difficulties the budget affirms family council or, in case of its absence, body of guardianship.

(3) Family council or, in case of its absence, the body of guardianship can authorize the guardian to include remuneration of the managing directors involved by it on contractual basis under own responsibility in expenses on management.

(4) Family council or, in case of its absence, the body of guardianship can authorize the guardian to sign the agreement on management of the securities and financial instruments belonging to the protected person. The guardian chooses and attracts on contractual basis of the third parties taking into account their working experience and solvency.

(5) the Agreement provided by part (4), it can be terminated by retroactive effect on behalf of the protected person at any time. Any condition contradicting provisions of this Article is insignificant.

Article 135. Implementation of investments

(1) Family council or, in case of its absence, the body of guardianship determines the amount which the guardian shall invest in the capital (money, securities or other financial instruments, shares, debt obligations) the protected person.

(2) Family council or, in case of its absence, the body of guardianship orders all measures which will consider reasonable for investment or reinvestment of the capital, or beforehand, or on each of transactions.

(3) Investment or reinvestment is performed by the guardian in terms and according to the procedure which are ordered. In case of violation of the ordered term the guardian shall pay to the protected person percent for delay.

(4) Family council or, in case of its absence, the body of guardianship can dispose about introduction of certain sum of money into the special account of the protected person from which the guardian can withdraw money only with their permission.

Article 136. Restriction of powers of the guardian

(1) Family council or, in case of its absence, the body of guardianship can establish category of transactions which the guardian cannot make without their permission.

(2) In case the family council refuses to the guardian giving permission, the last can demand it from body of guardianship if it is determined that the transaction is made for the benefit of the protected person and for its wellbeing.

§ 3. Powers of the guardian

Article 137. Creation of the inventory register

(1) In three-months time from the date of guardianship establishment the guardian in the presence of the replacement guardian if that is appointed, begins inventory count of property of the protected person and transfers the inventory report to body of guardianship. The guardian is responsible for ensuring updating of the inventory register.

(2) the Guardian has the right to receive from any public or the individual all information and documents, necessary for creation of the inventory register; at the same time cannot refuse to it, referring to professional secrecy, bank secrecy or confidentiality of personal data.

(3) If the inventory register was not constituted or it was inexact or incomplete, the protected person, and after the death of that his heir can bring evidence of cost and structure of property, using any evidentiary facts.

Article 138. The transactions which are not requiring permission

(1) the Guardian can make only transactions on preserving and if it is not forbidden by part provisions (2) Articles 127, of the transaction on management necessary for property management of the protected person.

(2) the Guardian acts in degree of jurisdiction independently for protection of property rights of the protected person.

(3) In departure from legislation provisions the contract of property hiring signed by the guardian as the lessor does not provide to the protected person acting as the employer after the termination guardianship of any privilege of purchase over it after expiration of the contract of property hiring. These provisions are not applied to the agreement of property hiring which was signed before establishment of guardianship and is extended by the guardian.

Article 139. The transactions requiring permission

(1) If the judgment which the protection measure is established or changes or the law does not provide other, the following transactions made on behalf of the protected person have no legal force if are not permitted by family council or, in case of its absence, body of guardianship:

a) purchase and sale agreement and other transactions on the order;

b) employment contracts and other transactions on property management of the protected person which effective period exceeds protection measure effective period;

c) voluntary settlement;

d) agreement of the Section of common property;

e) statement for inheritance acceptance or for refusal of inheritance;

f) agreement on receipt of loan;

g) the contract between the guardian or his affiliates and the protected person, excepting the non-paid transactions made for benefit of the protected person. When making such transaction interests of the guardian are considered contradicting interests of the protected person.

(2) the Decision on giving permission shall determine essential terms of transaction and, if necessary, the price or other counter execution. Permission is not required in case of enforced sale or when implementing the right of pledge or mortgage.

(3) the Transaction on the order can be resolved by the corporeal right of the protected person to real estate or equity interest of the legal entity of private law only after assessment of market value of the corresponding property or share.

(4) the order by the corporeal right specified in part (3), with payment of the price or other counter execution below market value, only in the presence of the reasonable reasons based only on the interests of the protected person given in the decision on permission of the transaction Is allowed.

(5) Person making the transaction on behalf of the protected person shall provide without delay to body of guardianship the copy of the document on the transaction permitted according to provisions of this Article, and also copy of the proofs of obligation fulfillment which arose owing to this transaction.

Article 140. The forbidden transactions

(1) are not permitted, and the guardian has no right to make transactions:

a) on non-paid property acquisition or the rights of the protected person, including on forgiveness of debt, non-paid refusal of the acquired right, issue of the real or personal guarantee established for benefit of the protected person without complete repayment of the guaranteed obligation and also on establishment of real or personal guarantee for providing obligations of the third party;

b) on acquisition of right at the third party of the right or debt obligation concerning the protected person;

c) on implementation of business or professional activity on behalf of the protected person.

(2) Exceptions of provisions of Item and) parts (1) the insignificant gifts presented for the purpose of accomplishment of moral obligations constitute.

§ 4. Preparation, check and approval of the reporting

Article 141. Annual statement

(1) the Guardian annually constitutes the report on the property management to which source documents are attached.

(2) In case of creation of the report the guardian requests from organizations in which accounts addressed to the protected person are opened, disaggregation of transactions for accounting year, at the same time cannot refuse to it, referring to professional secrecy, bank secrecy or confidentiality of personal data.

(3) the Guardian shall provide confidentiality of the reporting. Copies of the report and source documents are transferred by the guardian to the protected person who reached sixteen years and also the replacement guardian if that was appointed, and if the guardian considers expedient, to other persons responsible for protection.

(4) If the protected person reached sixteen years and its condition allows, body of guardianship, having heard it and having received its consent, can resolve the direction of copies of reports and source documents or their part to the spouse, the parent or other close person if they pursue legitimate interest.

Article 142. Verification of the reporting

(1) Annually the guardian submits the report on property management together with source documents on check in body of guardianship.

(2) the Replacement guardian if he was appointed, before transfer of the report checks it and introduces in it the notes.

(3) For verification of the reporting body of guardianship has the right to obtain the data provided by part (2) Article 141.

(4) the Body of guardianship can charge verification of the report to the replacement guardian if it was appointed.

(5) If the family council is founded, the body of guardianship can charge check and approval of the report to it.

Article 143. Release from obligation of preparation of the reporting

If guardianship is not entrusted the authorized defender, the body of guardianship can, in departure from provisions of Articles 141 and 142 and taking into account the insignificant value of property of the protected person, exempt the guardian from obligation of preparation of the reporting.

Article 144. Audit of the reporting

In case taking into account structure and property value of the protected person check and approval of the reporting by the expert or auditor are justified and admissible, the body of guardianship can dispose about conducting check and approval of the reporting at the expense of means of the protected person and taking into account its valuable interests.

Article 145. The reporting in case of the guardianship termination

(1) In case of the guardianship termination the guardian shall constitute the report on the operations performed from the moment of creation of the last annual statement and provide it for check and approval according to Articles 142 and 144.

(After the guardianship termination the guardian or his legal successors shall send 2) to the copy of reports for the last three years and the copy of the report specified in part To three-months time (1), to person responsible for property management of the protected person, or his legal successors or, on circumstances, person who found full legal capacity if these reports are not received by it.

(3) Provisions of parts (1) and (2) are not applied in case, stipulated in Article 129.

(4) the Guardian shall send to the persons specified in part (2), the source documents necessary for further property management of the protected person, or to provide transfer of heritable property, and also to direct the initial inventory register and the updates brought in it.

Part 5 General provisions about guardianship and guardianship over minors and protection measures

§ 1. Body of guardianship

Article 146. Body of guardianship and competence in protection measures

(1) Agencies of guardianship are bodies of local public authority.

(2) the Body of guardianship at the place of residence or the place of temporary stay of the minor physical person or face protected by protection measure (in sense of this part as a part of Chapter – the protected person), exercises supervision of activities of the guardian, the custodian or other person responsible for protection.

(3) Body of guardianship:

a) performs powers, directly stipulated by the legislation about protection measures;

b) performs other powers on supervision of execution of measure of protection, in addition to carried by the law to competence of degree of jurisdiction and family council;

c) processes the personal record of the protected person, submits the case to degree of jurisdiction and provides its return upon completion of process.

Article 147. The procedure applied to body of guardianship

Making the decision concerning guardianship and custody over the minor, and also concerning protection measures, the body of guardianship shall observe provisions of this part as a part of Chapter.

Article 148. Hearing of the protected person

(1) the Body of guardianship shall hear the protected person who reached ten years. Other person chosen by it which does not have the status of his representative can accompany it.

(Hearings of the protected person can pass 2) across the location of body of guardianship, at the place of residence or the place of temporary stay of person, in medical institution or social organization, and also in any other suitable place.

(3) Hearings are carried out in closed meeting in which persons listed in part (1) Article 94 can participate. Person can demand to hear it individually and behind closed doors, at presence, at his desire, the authorized representative. If the body of guardianship considers necessary, the protected person can be heard in the presence of other participants.

(If the body of guardianship considers 4) expedient, it can hear the protected person in the presence of his attending physician or other corresponding person.

(5) the Body of guardianship shall make all possible efforts for determination of desires and feelings of the protected person in connection with the made decision, using the communication methods corresponding to condition or provision of the heard person.

Article 149. Hearing of the protected person in the place of stay

If the appearance of person is not represented for the objective reasons possible, the body of guardianship provides its hearing in the place of its stay, stating if necessary the act lack of possibility of communication with it.

Article 150. Trial of case on the basis of the principle of competitiveness

Upon the demand of any interested person or on own initiative the body of guardianship can appoint conducting trial of case on the basis of the principle of competitiveness.

Article 151. Right to legal aid

(1) Within any procedure performed by body of guardianship, the minor who reached ten years, and the face protected by protection measure can choose the lawyer or require the assignment of counsel providing the legal aid guaranteed by the state despite of opinion or objections of person responsible for protection.

(2) the Right to use the help of the chosen lawyer or the lawyer providing the legal aid guaranteed by the state is brought to the attention of the protected person in the agenda and in case of its first appearance.

(3) If when implementing the procedure by body of guardianship the protected person who reached ten years does not use the lawyer help, according to its requirement the body of guardianship petitions before the legal aid coordinator of territorial office of National council guaranteed by the state for assignment of counsel which in the corresponding procedure will have powers of the legal representative.

(4) the Legal aid provided in part (3), it is provided free of charge.

Article 152. Hearing of other persons

Upon the demand of participants or on own initiative the body of guardianship hears persons specified in part (1) Article 94.

Article 153. Establishment of the facts

Upon the demand of participants or on own initiative the body of guardianship can appoint carrying out the social questionnaire or establishment of the facts, carrying out estimates or examinations.

Article 154. Acquaintance with the personal record

(1) to Get acquainted with materials of the personal record, to do of them statements and the protected person or person responsible for its protection, and also their lawyers has the right to make copies.

(2) If the application for acquaintance with the personal record is submitted by the protected person, the body of guardianship can the motivated decision told the protected person exclude from case one or several documents which can do it serious moral harm.

(3) the Lawyer of the protected person can do statements and make copies of case papers. The lawyer is forbidden to report the received copies to the protected person or the third parties.

(4) the Copies made of the solutions of family council, decisions of body of guardianship and decisions of degree of jurisdiction connected with guardianship and custody over minors and measures of protection are stored in the personal record and can be issued only to the participants and persons participating in decision making or mentioned in decisions.

(5) the Third parties who proved legitimate interest can receive copies of substantive provisions of the decisions specified in part (4), with the permission of body of guardianship.

Article 155. Decision of body of guardianship

(1) the Body of guardianship considers the arrived applications within 30 days from the date of their giving if their consideration does not require receipt of the additional information, representation of corroborating evidences or carrying out additional researches, except cases when it appoints consideration of the case on the basis of the principle of competitiveness according to Article 150. The body of guardianship informs on it the applicant and reports decision date.

(2) Decisions of body of guardianship concerning guardianship, guardianship over minors and measures of protection shall be reasonable and be accepted in time, not exceeding three months from the date of submission of the corresponding statement. The substantive provisions of the decision in three-months time from the date of acceptance are told the protected person, person responsible for protection, and, on circumstances, members of family council.

§ 2. Family council

Article 156. Convocation of family council

(1) Meetings of family council are convened by body of guardianship on demand:

a) two members of council;

b) guardian or replacement guardian;

c) the minor who reached ten years being under guardianship or guardianship;

d) the face protected by protection measure.

(2) the Notification on meeting goes to members of council not later than 10 days about day of holding meeting.

(3) Members of family council shall be present at meeting personally. The member of council who did not be on meeting without reasonable excuse can be expelled from council.

(4) Upon the demand of the member of council or on own initiative the degree of jurisdiction can dispose in the decision which appoints members of family council, or in the subsequent decision that council makes decisions without participation of body of guardianship.

Article 157. Meeting of family council

The meeting of family council is considered competent and allows to make decisions if most of members of council with voting power participates in it. In the absence of quorum the body of guardianship can repeatedly convene meeting, and in urgent case to make the decision independently.

Article 158. Decision making of family council, without convocation of meeting (in absentia)

(1) If the body of guardianship finds possible adoption of the decision by family council without convocation of meeting, he tells the text of the decision to each of members of council, having accompanied it with necessary explanations.

(2) the Member of council who was not voting without reasonable excuse can be expelled from council.

Article 159. Decision making by family council

(1) Decisions of family council are made by a majority vote his members having the right to vote.

(2) Each of members of family council, except for the guardian and, on circumstances, the custodian has the right of one voice which is not subject to transfer.

(The Member of family council shall declare 3) availability at it direct or indirect interest in the case which is subject to consideration (conflict of interest) and to refrain from vote. Presence of the member of council who is in situation of conflict of interest is considered in case of determination of quorum for decision making, but its voice is not considered in case of decision making with which the conflict of interest is connected. Legal statuses about conflict of interest are applied as appropriate in case of representation in case of transactions.

Article 160. Mystery of meeting of family council

(1) Meetings of family council are closed.

(2) Members of family council shall keep confidentiality of data in the relations with the third parties.

(3) the Protected person can be present at meeting of council only with the right of advisory vote, except as specified, when the body of guardianship considers presence of person to the contradicting its interests.

(4) Solutions of family council shall be reasonable. If the decision is not made unanimously, opinions of each of members are applied to it.

Article 161. Creation of the solution of family council

(1) the decision Made at meeting of family council is signed by each of the present members.

(2) the Solution of family council within 10 days after its acceptance is submitted to the elite at meeting of council presiding in body of guardianship.

Article 162. Objections of body of guardianship

(1) If the body of guardianship determines that the solution of family council contradicts interests of the protected person or his desires and feelings, it represents objections according to the solution of family council within 15 days from the date of its obtaining according to part (2) Articles 161 by adoption of the relevant decision which is not subject to appeal.

(2) the Protected person or person responsible for protection can provide objections according to the solution of family council by submission of the reasonable statement within 15 days after receipt of the decision by body of guardianship according to part (2) Article 161.

(3) in the presence of the objections provided according to parts (1) or (2), the body of guardianship within 10 days from the date of submission of the corresponding statement convokes family council and will organize holding new meeting for repeated trial of case in connection with which objections where he presides are provided, without having the right to vote.

(4) the Solution of family council becomes effective after 15 days from the date of its receipt of guardianship by body according to part (2) Articles 161, if during this term no objections were provided.

§ 3. Appeal of decisions of body of guardianship and family council

Article 163. Appeal in degree of jurisdiction

(1) Decisions of body of guardianship, and also decisions of family council made according to part (3) Articles 162, can be appealed in degree of jurisdiction within 30 days from the date of their acceptance, except for case when the complaint is made by the protected person, person responsible for protection, and body of guardianship; in this case the term of appeal is estimated from the date of the message of substantive provisions of the decision. In case of appeal of the decision of body of guardianship submission of the provisional statement is not required.

(2) the Appealed decision is cancelled by degree of jurisdiction fully or partially if it:

a) is essentially illegal, being taken out in violation of the law;

b) is illegal, being taken out with competence violation;

c) is illegal, being taken out with fundamental breach of the established procedure.

(3) Upon the demand of person who made the complaint or on own initiative the degree of jurisdiction along with cancellation of the appealed decision or obliges the body which published it to adoption of the new decision, or disposes about decision which the merits of case will be authorized, considered in the appealed decision.

Article 164. Persons having rights of submission of the claim

(1) the Complaint can be made by persons listed in part (1) Articles 94, and also persons responsible for protection, at least they and did not participate in the procedure performed by body of guardianship or in meeting of family council.

(2) the Agenda about consideration of the claim in judicial session goes to all persons having rights of submission of the claim and the right of participation in its consideration.

(3) the Degree of jurisdiction considering the claim makes on own initiative the decision concerning suspension or not suspension of the appealed decision taking into account interests of the protected person.

Part 6 the Announcement of person is unknown absent or died

Article 165. Recognition of person is unknown absent

(1) the Physical person can be acknowledged unknown absent in case of its absence in the place of his residence and the expiration at least one year from the date of receipt of the last data on the place of its stay. Person is recognized is unknown absent degree of jurisdiction according to the statement of the interested person.

(2) In case of impossibility to establish day of receipt of the last data about absent the beginning of calculation of year the first, following in what the last data about absent were received is considered, and in case of impossibility to establish this month – the first of January of the next year.

Article 166. Protection of property of person, acknowledged it is unknown absent

(1) In need of permanent property management of person, acknowledged it is unknown absent, the degree of jurisdiction appoints the managing director with whom the body of guardianship signs the trust management agreement. Upon the demand of interested persons the degree of jurisdiction can appoint the managing director and before the expiration of one year from the date of receipt of the last data on the place of stay is unknown absent.

(2) Recognition of person is unknown absent does not attract change or the termination of its rights and obligations.

Article 167. Consequences of appearance of person, acknowledged it is unknown absent

(1) in case of appearance of person, acknowledged it is unknown absent, or emergence of data on the place of its stay the degree of jurisdiction according to the statement of the interested person cancels the decision on recognition it it is unknown absent and abolishes if necessary trust management of its property.

(2) Person, acknowledged is unknown absent, can demand from the trustee of indemnification, caused by inadequate management of its property.

Article 168. Announcement of person dead

(1) Face can be announced by the decision of degree of jurisdiction which died if in the place of his residence there are no data on the place of its stay within three years and if he was missing under the circumstances threatening with death or giving the grounds to assume his death from certain accident – within six months.

(2) the Serviceman or the other person, missing persons in connection with military operations, can be declared the dead not earlier than after two years from the date of the end of military operations.

(3) in the Afternoon of death of person declared in the dead day of the introduction in legal force of the judgment on the announcement is considered his dead. In case of the announcement to the dead of person, the missing person under the circumstances threatening with death or giving the grounds to assume his death from certain accident, the degree of jurisdiction can recognize as day of death day of expected death.

(4) the Announcement of person attracts with the dead the same legal consequences, as his verified physical death.

Article 169. Consequences of appearance of person declared the dead

(1) in case of appearance or detection of the place of stay of person declared the dead, the degree of jurisdiction cancels the decision on the announcement his dead.

(2) Irrespective of time of the appearance person declared the dead can demand from any other face of return of the saved property which gratuitously passed to this person after the announcement it with the dead.

(3) Person to whom the property of person declared the dead passed according to paid transactions shall not return it this property if it is not proved that, acquiring property, it knew or owed know that person declared the dead is in live. If the property did not remain, the malicious acquirer shall compensate its cost.

(If the property of person declared the dead passed 4) on inheritance right to the state and was realized by it, then after cancellation of the decision on the announcement of person by the dead to it the sum realized from realization of property returns.

Article 170. State registration of acts of civil status

(1) the following acts of civil status are subject to State registration:

a) birth;

b) adoption (adoption);

c) paternity proof;

d) marriage;

e) annulment of marriage;

f) change of name;

g) death.

(2) Civil registration is made by bodies of civil registration by entering of the corresponding records into registers of acts of civil status and issue of certificates based on these records.

(3) Organa, the performing civil registration, order of registration of these acts, amendment procedure and changes, recovery and cancellation of civil registrations, forms of registers of acts of civil status and certificates, and also procedure and storage durations of registers of acts of civil status are established by the law.

Chapter II Legal entity

Part 1 Basic provisions

§1. General provisions

Article 171. Concept of the legal entity

(1) the Legal entity the person of law having the autonomous organization and the isolated property intended for achievement of particular purpose according to the law, bases of law and order and morality founded in the procedure established by the law is recognized.

(2) the Legal entity can acquire and perform on its own behalf the property and personal non-property rights, perform duties, to be claimant and the defendant in degree of jurisdiction.

(3) the Legal entity can be organized korporativno or on the basis of membership, can be dependent or independent of certain number of members, can aim at generation of profit or not pursue that.

(His founders (participants) have 4) Due to the participation in formation of property of the legal entity or have no right to claim concerning this legal entity. Economic partnerships and societies and cooperatives concern to legal entities concerning whom their founders (participants) have right to claim. Non-profit organizations treat legal entities concerning whom their founders (participants) have no right to claim.

Article 172. The legal regime applied to foreign legal entities

Foreign legal entities are equated according to the law to legal entities of the Republic of Moldova.

Article 173. Types of legal entities

Legal entities are subdivided on the legal entities of the public law and legal entities of private law acting in the civil relations on equal terms.

Article 174. Legal entities of the public law

(1) the State and administrative and territorial units participate in civil legal relationship on equal terms with other persons of law. Powers of the state and administrative and territorial units in the similar relations perform their bodies according to the competence.

(2) Organa, authorized to perform part of functions (powers) of the Government, have rights of the legal entity, only if it follows from provisions of the law or, in the cases which are directly provided by the law – from acts of bodies of the central or local public authority.

(3) In departure from part provisions (2), legal entities of the public law can be created and otherwise in the cases which are directly provided by the law.

(4) the Following Articles of this Chapter are not applied to legal entities of the public law, the cases which except for are directly provided.

Article 175. Legal entities of private law

(1) Legal entities of private law can freely be created, but only in one of the forms provided by the law.

(2) Legal entities of private law can pursue revenue generating purpose and not pursue such aim.

Article 176. Legal capacity of the legal entity

(1) Legal capacity of the legal entity is acquired at the time of its state registration and stops at the time of its exception of the public register provided by the law.

(2) the Legal entity pursuing revenue generating purpose can perform any activities which are not forbidden by the law including not provided by the constituent document.

(3) the Legal entity who is not pursuing revenue generating purpose can perform only the activities provided by the law and the constituent document.

(4) Legal entities of the public law participate in civil circulation in that measure in which it serves achievement of their purposes. They are equated to legal entities of private law in that measure in which participate in civil circulation.

(Certain types of activity which list is established by the law the legal entity can perform 5) only based on special permission (license). The right of the legal entity to perform activities on which occupation receipt of the license is necessary arises from the moment of receipt of such license or in the time specified in it and stops after effective period, in case of suspension or revocation of license if the law does not provide other.

(6) the Legal entity can be limited in the rights only in the cases and procedure provided by the law.

Article 177. Capacity to act of the legal entity

(1) from the moment of the organization the legal entity performs the rights and fulfills duties through the managing director. The legal entity can have one or several managing directors.

(2) the Managing director is physical or, in the cases which are directly provided by the law, the legal person who by law or the constituent document is designated to act in the relations with the third parties, solely or jointly, from name and at the expense of the legal entity. The legal entity pursuing revenue generating purpose can have other legal entity as the managing director.

(3) In the relations with the third parties the legal entity creates for itself obligations transactions of the competent authorities, except for case when the transactions made thus exceed the limits of their powers provided by the law. The provisions of the constituent document or the decision of bodies of the legal entity limiting the powers conferred to the managing director of the law cannot be contrasted with the third parties even if formalities on announcement are executed.

(4) Registration of the managing director or the other person having the right of representation of the legal entity in the public register provided by the law does to the neprotivopostavimy third parties any violation in case of their appointment if only the legal entity does not prove that the corresponding third parties knew about violation.

(5) If the legal entity has several managing directors, each of them can act individually on behalf and at the expense of the legal entity, except for of case when obligation of additional consent of other managing director or all managing directors directly follows from the law or the constituent document. Such exception protivopostavimo to the third parties, only if it is noted in the public register in which the corresponding legal entity is registered. Anyway any of managing directors is authorized to receive in individual procedure for the data on transactions or other notifications.

(6) Legal relationship of the legal entity and the managing director are regulated by legal statuses about representation and the order if the law or the constituent document do not provide other.

(7) the Legal entity shall have at least one managing director. If the managing director is not appointed, participants or creditors of the legal entity can address to degree of jurisdiction behind its appointment. The managing director appointed by degree of jurisdiction responds it if the competent authority of the legal entity makes the decision on appointment of executive body. Before appointment of the managing director the legal entity is represented to any of his participants for the purpose of receipt of data on transactions or other notifications. The participant without delay transfers to the appointed managing director all received data on transactions and other notifications.

Article 178. Constituent documents of the legal entity

(The Legal entity acts on the basis of the 1) the foundation agreement, or the foundation agreement and the charter, or only the charter. Legal entities of the public law, and in the cases provided by the law, and the legal entities of private law who are not pursuing revenue generating purpose act on the basis of the general regulations about the organizations of the corresponding type.

(2) the Foundation agreement of the legal entity is signed, and the charter affirms his founders (participants). The legal entity created by one founder acts on the basis of the Charter, approved as this founder.

(3) Constituent documents of the legal entity shall contain the name and the location of the legal entity, procedure for management of its activities and other data provided by the law for legal entities of the corresponding type. In constituent documents of the legal entity who is not pursuing revenue generating purpose the subject and the purposes of its activities are determined.

Article 179. State registration of legal entities

(1) the Legal entity is considered created from the moment of its state registration if the law does not provide other.

(2) the Legal entity of the public law is considered founded from coming into force of the act which makes the decision on its organization if only the act does not provide other time.

(3) the Legal entity is subject to state registration according to the procedure, provided by the law. Data of state registration join in the public register provided by the law and are public.

(4) Violation of the legal entity identified by the law of procedure for creation or discrepancy of its constituent document to the law attracts refusal in state registration of the legal entity. The refusal in registration based on inexpediency of creation of the legal entity is not allowed.

(5) the Legal entity is subject to the state re-registration only in the cases provided by the law.

(6) If actions on behalf of the legal entity in the course of its organization before finding of legal personality by it were performed and if the legal entity does not assume further liabilities following from these actions or if the legal entity is not established any more persons acting for this purpose bear, for lack of contractual conditions about opposite, joint liability for these actions.

Article 180. Public registers concerning legal entities

(1) Until the fact is not registered in the public register provided by the law, person for the benefit of whom this fact was subject to registration having no right to contrast it with the third parties, except for case when it proves that the third party knew or owed know about this fact.

(2) If the fact is registered in the public register provided by the law, the third party shall recognize it concerning itself. This provision is not applied to the transactions made in fifteen-day time from the moment of publication of the fact in that measure in what the third party will prove that it did not know and did not owe know about this fact.

(3) In case the fact which is subject to registration is registered or told the third party mistakenly, the third party can contrast the published fact with person for the benefit of whom the fact was subject to registration, except for case when the third party knew about its unauthenticity.

Article 181. Term of activities of the legal entity

(1) the Term of activities of the legal entity is unrestricted if the constituent document does not establish other.

(2) After term, the legal entity identified for existence, it is dismissed if up to this point corresponding changes are not made to the constituent document.

Article 182. Name of the legal entity

(1) the Legal entity participates in legal relationship only under own name established by the constituent document and registered properly.

(2) the Name of the legal entity shall contain specifying on its form of business in state language.

(3) the Legal entity cannot be registered if its name matches the name of another, earlier registered legal entity.

(4) use in the name of the legal entity of the words and phrases contradicting provisions of the law or regulations of morality, and also own names if they do not match names of participants of creation of the organization Is forbidden and if there is no consent of the corresponding person or his heirs to use of his name.

(5) the Legal entity has no right to use in the name words or reducings which can mislead concerning its form.

(6) the Legal entity whose name is registered has the right of its use. Person using the name of other legal entity upon the demand of the owner of the right shall stop its use and compensate caused with respect thereto losses.

(7) the Legal entity shall publish the announcement in the Official monitor of the Republic of Moldova of change of the name under the threat of compensation of the caused losses.

(8) the Act issued by the legal entity shall contain its name, and also the state registration number, fiscal code and the place of its stay under the threat of compensation of the caused losses.

Article 183. Location of the legal entity

(1) the Legal entity takes one location which is specified in the constituent document.

(2) Establishment and change of the location can be shown to the third parties from the moment of state registration.

(3) the Postal address of the legal entity is the address of the place of its stay. The legal entity has the right to have also other addresses for conducting correspondence. (4) All documents and letters received in the location are considered received by the legal entity.

(5) the Legal entity shall publish the announcement in the Official monitor of the Republic of Moldova of change of the location under the threat of compensation of the caused losses.

Article 184. Responsibility of the legal entity

(1) the Legal entity answers for the obligations all property belonging to it.

(2) the Member of the legal entity does not answer for obligations the legal entity, and the legal entity does not answer for obligations the participant, except as specified, established by the law or the constituent document.

§2. General provisions about functioning of legal entities of private law

Article 185. Obligation observe limits of powers

The managing director shall act according to provisions of the constituent document of the legal entity and decisions of bodies to which he submits.

Article 186. Obligation pursue the aim of the legal entity

(1) the Managing director shall act thus which he honesty considers the best for goal achievement of the legal entity, in view of, in particular:

a) probable consequences of the actions in the long term;

b) interests of workers of the legal entity;

c) need of maintenance of the relations of the legal entity with suppliers, clients and other agreement parties;

d) influence of activities of the legal entity on local community and environment;

e) the requirement of maintenance of reputation of the legal entity according to high standards in the field of activity;

f) need of the fair attitude towards members of the legal entity. (2) At the same time in the cases which are directly provided by the law, the managing director shall act in protection of interests of creditors of the legal entity.

Article 187. The obligation to be effective competently and circumspectly

(1) the Managing director shall act according to the level of competence and discretion which correspond to its knowledge, competence and experience and which can be expected from the good managing director.

(2) It is considered that the managing director does not break the obligation provided by part (1) if at the time of action he is acquitted by what reasonably believed himself acting for the benefit of the legal entity and in the conditions of sufficient information.

Article 188. The obligation to avoid conflict of interest

(1) the Managing director shall avoid situations when he has or can have direct or indirect interest which enters or can enter the conflict with interests of the legal entity. The managing director shall report to competent authority about such situation.

(2) the Managing director who is in situation of conflict of interests shall abstain from negotiations and decision making of the legal entity concerning the transaction or transaction to which the conflict belongs.

(3) the Managing director shall abstain from use, in own favor or for benefit of the affiliates, property of the legal entity, the name of the legal entity or the status of the managing legal entity in cases when he performs activities – the or through the affiliates.

(4) the Managing director shall abstain from use, in own favor or for benefit of the affiliates, opportunities of implementation of investments or implementation of activities of whom he knew in case of fulfillment of duties if investment or activities were offered the legal entity or the legal entity had the economic or dictated by other pursued purpose interest in them, except for case when the legal entity refused this opportunity without influence of the managing director.

(5) the Managing director shall abstain from participation, on its own behalf or through the affiliates, in the activities, identical similar or supplementing that which is performed by the legal entity (the obligation about not competition). (6) the Obligations provided by this Article are not applied if the managing director got the corresponding permission from competent authority of the legal entity.

Article 189. Obligation not accept the benefit and encouragement from the third parties

(1) the Managing director shall refuse any benefit and encouragement from the third party presented taking into account that he is managing director or is effective or stays idle as the managing director.

(2) the Obligation provided by part (1), it is not considered broken if acceptance of the benefit and encouragement cannot lead reasonably to emergence of conflict of interest.

Article 190. Declare obligation the interest in the transaction offered the legal entity or transaction

(1) If the managing director of the legal entity has direct or indirect interest in the transaction offered the legal entity or transaction, he shall declare in the procedure provided by the constituent document and the law on nature or the extent of this interest in advance.

(In particular the managing director shall report 2) about direct or indirect interest concerning the third party performing the activities, identical similar or supplementing that which is performed by the legal entity.

(3) the Managing director does not bear responsibility for interest non declaration if he did not know and as it is possible to assume reasonably, shall not know about availability of interest or that making of the corresponding transaction or transaction is offered.

(The Managing director shall not declare 4) the interest:

a) if its interest cannot lead reasonably to origin

conflict of interest;

b) if the competent authority of the legal entity already knows of interest availability.

Article 191. Confidentiality obligation

(1) the Managing director shall keep confidentiality of information which possesses owing to the fulfilled duties and which disclosure can cause damage to interests of the legal entity or entail responsibility of the legal entity to the third parties.

(2) the Obligation provided by part (1), it is not applied:

a) if the legal status resolves the message or disclosure of information to the third parties;

b) if information be transferred based on the law to authority and transfer is performed in accordance with the terms, provided by the law;

c) if information became known to the public in other way, than violation by the managing director of the obligation provided by part (1).

Article 192. Departures, restrictions and exceptions of obligations and responsibility of the managing director

(1) any provision of the constituent document, other act of the legal entity or the contract with the managing director, which Is insignificant:

a) the managing director's obligations provided by the law are limited or excluded;

b) in advance responsibility which the managing director bears according to the law before the legal entity is limited or excluded.

(2) on condition of sufficient information about appropriate case and observance of rules about conflict of interest body, competent to appoint the managing director, or other body, competent according to the constituent document, can make the decision:

a) approve departures from the managing director's obligations before the legal entity in each case;

b) exempt from liability of the managing director, sign the agreement on the transaction or refuse the claim because of the violation of obligations before the legal entity made by the managing director in each case.

(3) the Decision of competent authority of the legal entity on the questions provided by part (2), the managing director cannot be shown to the creditors of the legal entity or the third parties who were directly injured from the managing director at least and acted on the basis of the decisions of competent authority of the legal entity.

Article 193. Conditions of the claim for accountability of the managing director

(1) in case of violation of one of the obligations provided by Articles 185-192, the legal entity can make to the managing director the claim for the termination of violation and compensation of damage according to Article 19.

(2) If the legal entity signs the insurance contract covering the risks of the managing director connected with accomplishment of the obligations by it insurance at least 10 percent of damage shall provide the franchize. (3) Approval of the financial reporting or annual statements does not affect the right of the legal entity to make responsible the managing director.

(4) the Burden of proof of the fact that he acted competently and circumspectly is assigned to the managing director.

Article 194. Responsibility of the managing director for actions of other persons

(1) If the legal entity has several managing directors, all managing directors answer solidary, except for the managing director who will prove that:

a) he did not participate in approval or making of violation;

b) he did not know and shall not know about availability of violation or if he knew about its availability, took all necessary measures for the prevention of damage or at least directly opposed violation and reported about it to competent authority of the legal entity.

(2) the Managing director answers to the legal entity for the damage caused by actions of workers in case damage is not caused if it exercised the supervision belonging to its functional duties.

(3) the Managing director bears joint liability with the direct predecessor if, knowing about the violations made by the last he did not report about them to the auditor or, on circumstances, the internal auditor.

Article 195. Right of the participant to presentation of the claim indirect way

(1) the Member of the legal entity has the right to make the claim for involvement of the managing director to responsibility to the legal entity if the legal entity did not make the claim to it within three months from the date of giving by the participant to the legal entity of the statement for involvement of the managing director to responsibility.

(2) in case of complete or partial satisfaction of the claim the legal entity shall compensate to the plaintiff participant all necessary and reasonably incurred expenses in part in what they are not compensated at the expense of the managing director of the decision of degree of jurisdiction.

Article 196. The direct claim to the managing director and/or the legal entity

Provisions of Articles 192-195 do not affect legal statuses according to which the member of the legal entity or the third party can submit claim concerning the managing director and/or concerning the legal entity if the damage is caused to them.

Article 197. Actual managing director and nominal managing director

(1) Person which is not specified in the public register provided by the law as the managing director of the legal entity is considered the actual managing director of this legal entity all that period during which it instructs the managing director, and that observes them.

(2) Person specified in the public register provided by the law as the managing director of the legal entity is considered the nominal managing director of this legal entity during the period when:

a) its appointment to this post can be properly challenged;

b) in spite of the fact that the term of its powers expired or otherwise stopped, it as the managing director is not excluded from the public register provided by the law.

(3) are assigned To the actual managing director concerning the legal entity of obligation, provided by Articles 186-189 and 191, applied as appropriate.

(4) the Nominal managing director performs the duties provided by Articles 185-192 before the legal entity.

(5) the Actual managing director and the nominal managing director bear responsibility for violation of the obligations assigned to them on an equal basis with the managing director of the legal entity.

Article 198. Former managing director

(1) the Termination of the status of the managing director on any bases does not affect responsibility of person for violation of obligations when he was managing director.

(Person who stops being the managing director continues to bear 2):

a) the obligation provided by parts (3) and (4) Articles 188, about use of information or opportunities of which he knew when he was managing director;

b) the obligation about not competition provided by part (5) Articles 188, in that measure in what it was in writing assumed by the managing director if it does not exceed three-year term since the moment when person stopped being the managing director;

c) obligation, stipulated in Article 189, if the benefit and encouragement are provided for making of actions or failure to act when person was managing director;

d) confidentiality obligation, stipulated in Article 191, in that measure in what it was in writing assumed by the managing director;

e) other obligations following from the contract between the managing director and the legal entity.

(3) Legal statuses about involvement of the managing director to responsibility are applied as appropriate in case of violation by the former managing director of the obligations provided by part (2).

Article 199. The managing director – the legal entity

(1) in case of the appointment as the managing director the legal entity shall designate certain physical person who will perform its functions on permanent basis.

(2) the Designated physical person shall meet legal requirements to the managing director, performing duties and joint liability together with the legal entity designated as the managing director.

(3) the Withdrawal of the physical person designated by the managing legal entity does not create consequences until his deputy is appointed.

(4) Appointment and response of the appointed representative of the managing legal entity are subject to the formalities established for the managing director on announcement which are carried out on the basis of the decision on appointment or, on circumstances, response, published by the managing legal entity.

Article 200. Release from the managing director's obligations

(1) the Managing director can be exempted from obligations by the decision of competent authority of the legal entity on the basis provided by the law or the agreement and also without specifying of the reason, without prior notice.

(2) in the presence of employment legal relationship between the managing director and the legal entity release from obligations according to part (1) the termination of the individual employment contract attracts same date. Provisions of the labor law cannot be used for contest of the decision on release from the managing director's obligations.

(3) If release from obligations of the managing director for which the basis provided by the law or the agreement is given does not fit into this basis, the managing director can address to degree of jurisdiction behind establishment of the fact that he is exempted from obligations without specifying of the reason, but cannot for this reason challenge the decision on release from the managing director's obligations.

(4) Provisions of parts (1) - (3) do not affect the managing director's right to the dismissal wage provided by the law. The agreement can provide the bigger size of benefit, and also additional cases in which the benefit is paid.

(5) Upon the demand of the legal entity, his participant or the managing director of process of the insolvency/liquidator the degree of jurisdiction reduces the size of the dismissal wage provided by the agreement if determines that it is obviously disproportionate, in view of all corresponding circumstances, in particular:

a) circumstances at the time of determination of condition about dismissal wage, in particular the special qualities shown by the law or the regulating or supervisory authority to the managing director and features of field of activity of the legal entity;

b) success achieved by the managing director during its legal relationship with the legal entity and the financial encouragement provided to the managing director;

c) size of assets of the legal entity.

(6) the Benefit is supposed obviously disproportionate if it exceeds the fixed component of remuneration of the managing director in two years.

(7) the Dismissal wage is not paid to the managing director if he is exempted from obligations because of not achievement of the performance indicators provided in the agreement signed with the legal entity. Any agreement about opposite is insignificant.

(8) the Legal entity can require compensation of variable component of the remuneration paid to the managing director in that measure in what it was based on the financial reporting in which mistakes came to light subsequently.

Article 201. The powers conferred by the supreme or supervisory authority

(1) the Supreme body of the legal entity or his supervisory authority (council) can the decision authorize the third party (with the right or without the delegation right) to act on behalf of the legal entity for ensuring accomplishment of the decision of this body. In this case the authorized third party has powers without the need for provision to it powers the managing director. The protocol containing the decision on provision of powers is equated to the power of attorney from this legal entity.

(2) part Provisions (1) are applied, in particular, if the managing director is in situation of conflict of interests concerning the made decision, such as:

a) conclusion or change of the contract between the managing director and legal entity;

b) conducting office investigation, discharge of the managing director from fulfillment of duties or application of other similar measures;

c) release from obligations;

d) accountability before the legal entity;

e) accomplishment of formalities on announcement for the purpose of entering into the public register of changes provided by the law concerning the legal entity.

Article 202. Invalidity of the decision of body of the legal entity

(1) Legal statuses about invalidity of the transaction are applied as appropriate to invalidity of the decision of general meeting of participants or the single member of the legal entity, collegiate supervisory authority or collegiate executive body of the legal entity (the decision of body of the legal entity) taking into account the legal statuses applicable to certain legal entities, and, in addition to them, provisions of this Article.

(2) the Decision of body of the legal entity is invalid:

a) if fundamental breach of rules of convocation or holding meeting on which the decision is made is allowed. If the body providing convocation or holding meeting purposely violated rules of convocation or, on circumstances, holding meeting, the decision made thus is subject to contest even in case of insignificant violation;

b) if the representative of the participant in meeting is not authorized as appropriate, except for case of the subsequent confirmation of powers according to Article 370;

c) if during the meeting the rights of the participant are violated;

d) if fundamental breach of rules of creation of the minutes, including not creation of the protocol in writing is allowed. At the same time invalidity is eliminated with creation of the minutes before holding the next meeting of the same body;

e) if it does not correspond to other conditions provided by imperative provisions of the law or constituent document of the legal entity which non-compliance does not attract negligibility.

(3) Invalidity of the decision of body of the legal entity is considered eliminated if the decision is confirmed with the subsequent valid decision of competent authority of the legal entity to the introduction in the final force of the judgment on invalidity recognition.

(4) can refer To invalidity of the decision of body of the legal entity:

1) the member of body of the legal entity who made the decision having the right to vote:

a) not participating in meeting or if participating in it, voted against the decision; or

b) voting for decision making or refrained when voting if the mistake in qualification or calculation of the voice expressed to them is made;

2) the legal entity whose body made the decision;

3) the member of the legal entity if he challenges the decision of other body, than general meeting of participants.

(The Term of limitation period according to the invalidation action of the decision of body of the legal entity constitutes 5) six months.

(6) the Decision of body of the legal entity is insignificant:

a) if it is accepted on the question which is not included in the agenda except for of case when all members of relevant organ having the right to vote participated in meeting and unanimously voted for inclusion of appropriate question in the agenda;

b) if it is accepted at the moment when the meeting was not competent;

c) if concerns the question which is not entering competence of this body;

d) if contradicts bases of law and order or morality.

(7) Negligibility or invalidity of the decision of body of the legal entity does not mention the transaction made based on this decision by the legal entity with the third party who at the time of transaction did not know and as it is possible to assume reasonably, did not owe know about the basis of negligibility or invalidity.

(8) According to the law the claim for negligibility or invalidity of the decision of body of the legal entity is noted in the public register in which the legal entity is registered. The third party cannot refer to ignorance of the basis of negligibility or invalidity on which the claim noted in the register, from the date of introduction of mark is based.

(9) Inadmissibility of the claim for negligibility or invalidity or the omission of term of its giving does not interfere with person whose right is violated by the decision of body of the legal entity, to require compensation of damage according to applicable legal statuses.

Article 203. Affiliates

(1) For the purpose of of this Code affiliates of the legal entity are:

a) members of council, members of executive body, members of audit committee, officials of management company (trustee), the head of the auditor performing functions of audit committee, other officials, if necessary (heads of departments, the chief accountant, etc.);

b) the spouses/spouse, relatives and cousins-in-laws to the second degree inclusive the physical persons specified in Item a);

c) physical person or legal entity which independently or together with persons specified in Items and) and b), has control in the corresponding legal entity;

d) economic partnership and society in which the corresponding legal entity independently or together with persons specified in Items and) and b), has control;

e) the legal entity together with persons specified in Item and), or the physical person acting on behalf or at the expense of the corresponding legal entity;

f) the legal entity together with persons specified in Item and), or physical person, from name or at the expense of which the corresponding legal entity acts;

g) the legal entity together with persons specified in Item and), or the physical person acting together with the corresponding legal entity;

h) the legal entity who is together with the corresponding legal entity under control of the third party.

(2) For the purpose of of this Code affiliates of physical person are:

a) the spouses/spouse, relatives and cousins-in-laws to the second degree inclusive the relevant physical person;

b) economic partnership and society in which capital the relevant physical person independently or together with persons specified in Item and), has control;

c) the legal entity together with persons specified in Item and) parts (1), or the physical person acting on behalf or at the expense of the relevant physical person;

d) legal entity or physical person, from name or at the expense of which the relevant physical person is effective.

(3) Control exists when the physical person or legal entity answers at least one of the following conditions:

a) owns independently or together with persons acting in coordination, the majority of the voting shares of the legal entity;

b) owns independently or together with persons acting in coordination, quantity of the voting shares which allows it to appoint or recall most of members of supervisory authority (council) of the legal entity, executive body or most of members of executive body and/or the auditor or most of members of audit committee;

c) exerts the dominating impact on the legal entity which participant is, based on the contract with this legal entity or provision of the constituent document or the charter of the legal entity;

d) is member of the legal entity and controls independently, based on the agreement signed with other members of this legal entity, the majority of voting powers.

(4) Control is supposed in case most of members of supervisory authority (council) is appointed voice of the member of the legal entity during two financial years in a row. The participant is considered voted for these appointments if for the corresponding financial year he directly or indirectly owned more than 40 percent of voting powers and if there was no other participant directly or indirectly owning bigger share in total quantity of voting powers.

(5) For calculation of the voting powers provided by this Article also the rights of subscription and acquisition of equity interests granting voting powers which can immediately be performed are taken into account.

(6) the Voting powers granted by the shares belonging to the most controlled legal entity or the legal entity who is controlled by it are not considered in case of determination of voting powers which are owned by the controlling legal entity in the controlled legal entity.

(7) Provisions of this Article are applied only if for certain categories of persons or the fields of regulation special provisions do not establish various criteria of determination of affiliation and control.

§3. Reorganization and liquidation of the legal entity

Article 204. Reorganization of the legal entity

(1) Reorganization of the legal entity is performed by consolidation (merge and accession), crushing (separation and allocation) or transformations.

(2) the Decision on reorganization is made by each legal entity separately according to the established conditions of change of constituent documents.

(3) In the cases established by the law, reorganization of the legal entity by separation or allocation is performed based on the judgment.

(4) If owing to consolidation or crushing the new legal entity is established, it is created according to the conditions provided by the law for form of the corresponding legal entity.

(5) Consequences of reorganization come only after state registration of again arisen legal entities, except for reorganization by joining of one legal entity to another which consequences come from the moment of registration of changes in constituent documents of the accepting legal entity.

(6) Consolidation or crushing can be performed also in case of legal entities of different forms provided that all reorganized legal entities are registered in the same public register provided by the law.

(7) Consolidation or crushing can be performed even in case the dismissed legal entities are in process of liquidation provided that they did not begin asset allocation in the course of liquidation yet.

Article 205. Legal succession by reorganization of legal entities

(1) In case of merge of legal entities of the right and obligation of each of them pass to again arisen legal entity according to the transfer act.

(2) When joining the legal entity to other legal entity to the last the rights and obligations of the attached legal entity according to the transfer act pass.

(3) In case of separation of the legal entity of its right and obligation pass to again arisen legal entities according to the separation balance sheet.

(4) In case of allocation from the list of the legal entity part of the rights and obligations of the reorganized legal entity according to the separation balance sheet passes to each of the existing or created legal entities.

(5) By reorganization of the legal entity with way of transformation to again arisen legal entity the rights and obligations of the reorganized legal entity according to the transfer act pass.

(6) the Legal entity who acquired the right which is subject to formalities on announcement as a result of reorganization shall execute the formalities on announcement concerning the acquired right without unjustified delay, but no later than six months after state registration of reorganization. The third parties affected by delay in accomplishment of formalities on announcement can initiate accomplishment of formalities indirect way, and also can demand from the legal entity and his managing compensation of the damage caused to these.

Article 206. Transfer act and separation balance sheet

(1) the Transfer act and the separation balance sheet shall contain regulations on legal succession concerning all property of the reorganized legal entity by all rights and obligations concerning all his debtors and creditors including the obligations challenged by the parties.

(2) the Transfer act and the separation balance sheet affirm the general meeting of members of the legal entity or body of the legal entity authorized on that by the law or the constituent document which made the decision on its reorganization and are represented together with constituent documents of again arisen legal entities for their state registration or modification of constituent documents of the existing legal entities.

Article 207. Guarantees of the rights of creditors of the legal entity by its reorganization

(1) the Executive body of the legal entity participating in reorganization shall in fifteen-day time from the date of decision making in writing notify all the famous creditors on reorganization and publish in the Official monitor of the Republic of Moldova and, on free basis, on the official web page of body of state registration the announcement of reorganization.

(2) the Creditors having the right to demand in a month from the date of publication of the announcement from the reorganized legal entity of guarantees in that measure in which they cannot try to obtain satisfaction of the requirements. Creditors have the providing right only if will prove that reorganization threatens satisfaction of their requirements.

(3) Creditors have the right to inform body of state registration on the requirements to the reorganized debtor.

(4) If the transfer act and the separation balance sheet do not give the chance to determine the legal successor, the legal entities participating in reorganization bear joint liability according to the obligations which arose before their reorganization.

(5) If the creditor did not achieve satisfaction of the requirement from the legal entity to who as a result of crushing the counter obligation is assigned, all legal entities who acquired share of property of the legal entity perform this duty within net assets value which are distributed by it as a result of crushing, except for the legal entity to whom the corresponding obligation was distributed and who bears the unlimited liability.

(6) Members of executive body of the legal entity participating in reorganization bear joint liability for the losses caused by reorganization to creditors of the reorganized legal entity within three years from the moment of reorganization.

Article 208. Consolidation of legal entities

(1) Consolidation of legal entities is performed by merge or accession.

(2) dissolution without entry into process of liquidation of the merging legal entities and transition of their rights and obligations in full to again arisen legal entity is Consequence of merge.

(3) dissolution without entry into process of liquidation of the joining legal entities and transition of their rights and obligations in full to the accepting legal entity is Consequence of accession.

(4) In the cases established by the law, consolidation of legal entities by merge can be caused by availability of permission of competent state body.

(5) If the legal entities pursuing revenue generating purpose participate in consolidation, to members of the dismissed legal entities shares in again arisen legal entity or the accepting legal entity are distributed and if it is provided, the difference in cost which is not exceeding 10 percent of nominal value or – for the lack of nominal value – 10 percent of book value of the share distributed thus is paid.

Article 209. The draft agreement about consolidation

(1) For the purpose of consolidation the executive body of the legal entity develops the draft agreement about consolidation.

(The Draft agreement about consolidation shall contain 2):

a) form (type) of consolidation;

b) the name and the location of each legal entity – the participant of consolidation;

c) reasons and conditions of consolidation;

d) property which is transferred to the legal entity – the acquirer;

e) if the legal entities pursuing revenue generating purpose participate in consolidation:

– exchange ratio of shares and, on circumstances, difference in cost;

– conditions of allocation of shares in the accepting or again arisen legal entity;

– date with which ownership of new shares grants to participants the right of participation in distribution of benefits of the accepting or again arisen legal entity, and also, in the presence of those, any special conditions influencing this right;

– the rights granted by the accepting legal entity to owners of the shares granting the special rights and owners of securities, others, than shares, or measures proposed concerning them;

f) in the presence of that – any special encouragement provided to the specialists invited for creation of the report on consolidation for members of the united legal entity and also members of executive, supervising and control bodies of the united legal entities;

g) date of the financial reporting of the reorganized legal entities used for determination of conditions of consolidation;

h) date or procedure for determination of date with which transactions and transactions of the dismissed legal entity will reckon belonging to the accepting legal entity or one or other reorganized legal entity from the point of view of financial accounting.

(3) If legal entities unite by merge, in the draft agreement about consolidation also the name, the location and executive body of the created legal entity shall be specified. The draft of the constituent document of the created legal entity is attached to the draft agreement about consolidation.

(4) the Draft agreement about consolidation is constituted in writing.

(5) If the approved agreement on consolidation contains any condition, it is terminated by retroactive effect in case of failure of consideration within one year from the date of approval. The agreement can provide shorter term or precautionary term.

Article 210. Decision on consolidation

(1) the Agreement on consolidation is valid only on condition of approval by its general meetings of members of each legal entity – the participant of consolidation.

(2) the Decision on merge is made by two thirds of total number of the voices provided at meeting if the law or the constituent document do not provide bigger number of votes.

Article 211. Statement for consolidation registration

(1) After one month from the date of publication of the announcement of consolidation the executive body of the attached legal entity or the legal entity participating in merge submits the application for consolidation registration to relevant organ of state registration. Are enclosed to the application:

a) verified copy of the agreement on consolidation;

b) the minutes on which the decision of each legal entity – the participant is made on consolidation;

c) the proof of provision of the guarantees approved with creditors or payments of debts;

d) permission to consolidation – in case of need.

(2) After the term provided in part (1), the executive body of the accepting legal entity or legal entities participating in merge submits the application for registration to body of state registration in which the accepting legal entity is registered or in which again arisen legal entity is subject to registration. The documents specified in part are enclosed to the application (1). The created legal entity attaches also the documents necessary for registration of the legal entity of the corresponding type.

Article 212. Consolidation registration

(1) Consolidation is registered in body of state registration in which the accepting legal entity is registered or in which again arisen legal entity is subject to registration.

(2) the Body of state registration in which the accepting legal entity or again arisen legal entity is registered informs body of state registration in which the attached legal entity or the merging legal entities, about consolidation registration is registered.

(3) the Body of state registration in which the attached legal entity or the merging legal entities is registered enters date of accession or merge in the public register provided by the law and sends to the body of state registration which registered consolidation, all documents of the dismissed legal entities for storage.

(4) After the registration performed according to part (1), the attached legal entities or legal entities who united by merge are considered as dismissed and are excluded from the public register provided by the law.

Article 213. Consolidation consequences

(From the moment of consolidation registration the property of the attached legal entity or legal entities participating in merge passes 1) to the accepting legal entity or to again arisen legal entity.

(2) After consolidation registration the accepting legal entity or again arisen legal entity includes assets and liabilities of the attached legal entity or legal entities who united by merge in the balance, and the property which is subject to registration is registered as property of the accepting legal entity or again arisen legal entity.

Article 214. Crushing of the legal entity

(1) Crushing of the legal entity is performed by separation or allocation.

(2) the termination of existence of the legal entity and transition of its rights and obligations to two or more again arisen legal entities is Consequence of separation.

(3) the department of part of property of the legal entity who is not stopping the existence, and transfer its to one or to several existing or again arisen legal entities is Consequence of allocation.

(4) If the legal entities pursuing revenue generating purpose participate in crushing, to members of the legal entity who is subject to crushing shares in the legal entity to whom passes part of property of the legal entity who is subject to crushing are distributed and if it is provided, the difference in cost which is not exceeding 10 percent of nominal value or – for the lack of nominal value – 10 percent of book value of the share distributed thus is paid.

Article 215. Project of crushing

(1) the Project of crushing of the legal entity is developed by its executive body.

(The Project of crushing shall contain 2):

a) form (type) of crushing;

b) the name and the location of the shattered legal entity;

c) the name and the location of legal entities which are created owing to crushing or to which part of property is transferred;

d) part of property which is transferred;

e) number of participants who pass to the created legal entity;

f) if legal entities, pursuing revenue generating purpose participate in crushing:

– exchange ratio of shares and, on circumstances, difference in cost;

– conditions of allocation of shares in again arisen legal entity or the legal entity to whom passes part of property;

– date with which ownership of new shares grants to participants the right of participation in distribution of benefits of the legal entity to which passes part of property, and also, in the presence of those, any special conditions influencing this right;

– the rights granted by again arisen legal entity or the legal entity to whom passes part of property, to owners of the shares granting the special rights and owners of securities, others, than shares, or measures proposed concerning them;

g) in the presence of that – any special encouragement provided to the specialists invited for creation of the report on crushing for members of the shattered legal entity and also members of executive, supervising and control bodies of the shattered legal entities;

h) cost ratio of shares;

i) date of creation of the separation balance sheet;

j) crushing consequences for workers;

k) date of the financial reporting of the reorganized legal entities used for determination of conditions of crushing;

l) date or procedure for determination of date with which transactions and transactions of the dismissed legal entity will reckon belonging to one or to other reorganized legal entity from the point of view of financial accounting.

(3) the Project of crushing is constituted in writing.

(4) the draft of the constituent document of the created legal entity is attached To the project of crushing in case of need.

Article 216. Approval of the project of crushing

(1) the Project of crushing affirms general meeting of participants two thirds of total number of the voices provided at meeting if the law or the constituent document do not provide bigger number of votes.

(2) General meeting of participants by a majority vote, specified in part (1), the constituent document of again created legal entity claims and appoints its executive body.

Article 217. Statement for crushing registration

(1) After one month from the date of publication of the announcement of crushing the executive body of the shattered legal entity submits one application for registration of crushing to body of state registration in which it is registered, and other statement – in body of state registration in which again created legal entity is subject to registration or the legal entity to whom passes part of property is registered. The project of crushing signed by representatives of the participating legal entities and the proof of provision of the guarantees approved with creditors or payments of debts are enclosed to the application.

(2) also the documents necessary for registration of the legal entity of the corresponding type are attached To the application submitted to body of state registration in which again created legal entity is subject to registration.

Article 218. Crushing registration

(1) Registration of crushing is performed in body of state registration in which the shattered legal entity is registered. Registration of crushing is performed only after registration of newly created legal entities or after registration of change of the constituent document of the legal entity to which part of property is transferred.

(2) the Body of state registration in which again created legal entity or the legal entity to whom part of property is transferred is subject to registration informs body of state registration in which the shattered legal entity, about registration of again arisen legal entity or about modification of the constituent document of the legal entity to which part of property is transferred is registered.

(3) the Body of state registration in which the shattered legal entity is registered registers crushing and in case of need excludes the divided legal entity and informs on it the body of state registration which registered again arisen legal entity, or the body of state registration which registered the legal entity to whom part of property is transferred. The last register date of implementation of crushing.

(4) Crushing is valid from the moment of registration in body of state registration in which the shattered legal entity is registered.

(5) After the registration performed according to part (1), the divided legal entity is considered dismissed and it is excluded from the public register provided by the law.

Article 219. Crushing consequences

(From the moment of crushing registration the property of the shattered legal entity or his part passes 1) to again arisen or existing legal entity.

(Again arisen or existing legal entity obtains 2) to transfer order and includes the received property in the balance and in case of need registers the property which is subject to registration.

Article 220. Invalidity of consolidation or crushing

(1) Invalidity of consolidation or crushing can be acknowledged only as the judgment.

(2) from the date of state registration according to Article 212 or, on circumstances, article 218 consolidation or crushing can be nullified only if the solution of one of general meetings on which the project of consolidation or crushing is voted is insignificant or invalid.

(3) the Claim for establishment or recognition of invalidity of consolidation or crushing can be submitted, under the threat of loss of the right, only to six-months time after registration of consolidation or crushing according to Article 212 or, on circumstances, Article 218. The claim is not allowed if violation is eliminated.

(4) If the violation which is the basis of invalidity of consolidation or crushing can be eliminated, the competent degree of jurisdiction provides to the involved legal entities term for its elimination.

(5) the Degree of jurisdiction sends the copy of the final judgment on establishment or recognition of invalidity of consolidation or crushing to bodies of state registration in the location of the legal entities involved in the corresponding consolidation or crushing.

(6) the Final judgment on establishment or recognition of invalidity of consolidation or crushing does not influence validity of obligations in the relation or for benefit of the accepting legal entity, again arisen legal entity or the legal entity to whom part of property, undertaken after consolidation or crushing is registered according to Article 212 or, on circumstances, Article 218, and before the final judgment on establishment or recognition of invalidity is published according to the law is transferred.

(7) in case of recognition of invalidity of consolidation the legal entities participating in consolidation bear joint liability according to the obligations of the accepting or again arisen legal entity undertaken in specified in part (6) the period.

(8) in case of recognition of invalidity of crushing each of again arisen legal entities or legal entities to whom passed part of property answers for the obligations undertaken in specified in part (6) the period. The shattered legal entity also answers for these obligations within share of the net assets transferred to again arisen legal entity or the legal entity to whom passed part of property who undertook these obligations.

Article 221. Responsibility of executive body and supervisory authority

Members of executive body and, on circumstances, supervisory authority bear joint liability to members of the legal entity participating in consolidation or crushing for non-execution of the obligations assigned to them on preparation and implementation of the procedure of consolidation or, on circumstances, crushing.

Article 222. Transformation of the legal entity

(1) the change of its form of business performed by change of the constituent document according to the law is Consequence of transformation of the legal entity.

(2) When transforming the legal entity the conditions provided by the law for that form of business to which it is transformed shall be complied.

Article 223. Dissolution of the legal entity

(1) the Legal entity gets out of hand owing to:

a) the expiration on which it is created;

b) goal achievement for which it was created, or impossibility of its achievement;

c) decisions of competent authority of the legal entity;

d) the judgment in cases, stipulated in Article 224;

e) insolvencies or the terminations of process of insolvency in connection with insufficiency of debit weight;

f) the fact that the legal entity who is not pursuing revenue generating purpose, or cooperative were left without participants;

g) other cases provided by the law or the constituent document.

(2) Dissolution of the legal entity attracts discovery of liquidation procedure, except as specified consolidation and crushing which consequence are dissolution of the legal entity stopping the existence without its liquidation and transfer of all its property in that condition in which it was at the time of consolidation or crushing, to legal entities – acquirers.

(3) the Legal entity continues to exist also after dissolution in that measure in which it is necessary for liquidation of property.

(4) from the moment of dissolution the managing director has no right to make new transactions; otherwise he bears individual and joint responsibility for committed transactions. This provision is applied from the date of the expiration on which person, or from the date of decision making about dissolution is created by general meeting of participants or degree of jurisdiction.

(5) the Competent authority of the legal entity can review the decision on liquidation or reorganization if only the property is not distributed between members of this person or is not transferred to other persons.

(6) From the date of dissolution of the legal entity his managing director becomes his liquidator if only the competent authority or degree of jurisdiction does not designate by the liquidator other person.

Article 224. Dissolution of the legal entity by degree of jurisdiction

(The Degree of jurisdiction dismisses 1) the legal entity if:

a) its creation is integrated to violations;

b) its constituent document does not conform to requirements of the law;

c) it does not conform to the requirements of the law concerning its form of business;

d) the activities performed by it break law and order;

e) it did not provide to the twelve-monthly period after the terms established by the law accounting, tax and statistic reports;

f) its authorized capital for more than six months is less than obligatory minimum size;

g) there are other bases provided by the law.

(The Degree of jurisdiction does not dismiss 2) the legal entity if after the term provided by it this person becomes to relevant requirements of the law.

(The Degree of jurisdiction can dismiss 3) the legal entity if it breaks the prohibitions established by this code concerning its form of business, or the activities roughly violates the constituent document.

(4) the Decision on dissolution of the legal entity is passed upon the demand of the participant or, in the cases which are directly provided by the law, upon the demand of other persons or bodies.

Article 225. Trust management

(1) the Degree of jurisdiction considering the requirement about dissolution of the legal entity can establish trust management of its property on demand. In determination date of establishment of trust management is specified. The degree of jurisdiction appoints one or several trustees, determines limits of their powers and amount of remuneration it.

(2) If the degree of jurisdiction does not establish other, bodies of the legal entity cannot make decisions without prior consent of the trustee, and persons given the right to represent the legal entity cannot conclude bargains without participation of the trustee.

(3) Determination of degree of jurisdiction about establishment of trust management can be at any time changed or cancelled by it. Trust management stops from the moment of the introduction in legal force of the judgment on dissolution.

(4) the Trustee notifies body of state registration in which the legal entity is registered, about determination of degree of jurisdiction and reports data on himself which are required from the managing director.

(5) the Transaction made by the legal entity before registration of trust management without the restrictions connected with establishment of trust management is valid if other party did not know and shall not know about organization of trust management.

Article 226. Dissolution registration

(1) In case the legal entity gets out of hand on one of the bases provided by Items and) - c), f) and g) parts (1) Articles 223, its executive body submits the application for dissolution to body of state registration in which the legal entity is registered. In case the legal entity gets out of hand based on the decision of general meeting of participants, the minutes on which this decision is made are enclosed to the application.

(2) in case of dissolution by the judgment the degree of jurisdiction transfers the copy of the decision which took legal effect to body of state registration in which the dismissed legal entity is registered.

(3) the Statement of executive body of the legal entity for dissolution and the judgment are the basis for dissolution registration.

(4) From the date of registration of dissolution in the documents and information proceeding from the legal entity the phrase "in the course of liquidation" in state language ("in lichidare") shall be added to its name. Otherwise the liquidator of the legal entity bears individual responsibility for the losses caused to the third parties.

Article 227. Liquidator of the legal entity

(1) the full age physical person which is not subject to judicial measure of protection, who is the citizen of the Republic of Moldova and living in its territory can be the Liquidator. By the law additional terms for execution of functions of the liquidator can be established.

(2) the Liquidator notifies body of state registration in which the legal entity is registered on the appointment, and reports data on himself which are required from the managing director. The liquidator attaches the decision on the appointment as the liquidator.

(3) the name, the residence, number of the identity certificate, personal state identification number (IDNP) and the signature of the liquidator, and in case of appointment as the liquidator of other are entered In the public register, than the managing director, persons body of state registration enters record about the termination of activities of the managing director in the public register.

(4) the Liquidator has the same powers, obligations and responsibility, as the managing director, in that measure in which they are compatible to activities of the liquidator.

(5) in case of appointment of several liquidators they represent the legal entity jointly if the constituent document or the decision on their appointment does not provide other.

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