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FAMILY CODE OF THE REPUBLIC OF MOLDOVA

of October 26, 2000 No. 1316-XIV

(as amended on 09-07-2020)

The parliament accepts this code.

Section I General provisions

Chapter 1 Family legislation

Article 1. The family legislation and other acts containing regulations of law of domestic relations

(1) the Family legislation consists of of this Code and other regulations adopted in cases and in the limits provided by this code.

(2) the Government has the right to adopt the regulations concerning law of domestic relations in the cases provided by this code, other laws and presidential decrees of the Republic of Moldova.

 

(3) in the presence of contradictions between this code and the international treaties and conventions regulating the family relations signed by the Republic of Moldova the international standards are applied.

Article 2. Basic principles of the family legislation

(1) the family and the family relations are In the Republic of Moldova under protection of the state.

(2) Only the scrap concluded in state bodies of civil registration (further - bodies of civil registration), involves emergence of the rights and obligations provided by this code.

(3) Regulation of the family relations is performed according to the principles of monogamy, voluntariness of the marriage union of the man and woman, equality of spouses in family, rendering mutual moral and material support, storage of conjugal fidelity, priority of education of children in family, manifestations of care of content, education of minor and disabled family members, protection of their rights and interests, permissions of intra family problems by mutual consent, inadmissibility of any intervention someone in cases of family, easy access to judicial protection of the rights and interests of family members.

Article 3. The social relations regulated by the code

This code establishes conditions and procedure for marriage, termination of scrap and recognition by its invalid, governs the personal non-property and property relations evolving from scrap, the related relations and adoption and also other social relations similar to family.

Article 4. Application of the civil legislation

For the purpose of settlement of the stipulated in Article 3 personal non-property and property relations between family members which are not regulated by the family legislation the civil legislation in part in which it does not contradict being of the family relations is applied.

Chapter 2 Implementation and protection of the family rights

Article 5. Equality in the family relations

(1) Persons who are married have the equal rights and perform identical duties in the family relations, regardless of floor, race, nationality and ethnic origin, from language, religion, political and different views, from property status and social origin.

(2) the Family rights and obligations of persons, according to performing and performing them, cannot be yielded to the third parties.

Article 6. Implementation of the family rights and execution of family obligations

(1) Physical persons at discretion dispose of the rights belonging to them following from the family relations if other is not established by this code.

(2) Implementation of the family rights and execution of family obligations shall not violate the rights, interfere with fulfillment of duties, break freedoms and legitimate interests of other family members and other persons.

Article 7. Protection of the family rights

(1) the Family rights are protected by the law, except as specified, when they are performed in contradiction with their appointment or with legal predusmotreniye.

(2) the Family rights are protected by competent authorities of public management, and in certain cases mediators and degrees of jurisdiction.

(3) Methods of protection of the family rights are established by this code, other laws and regulations.

(4) In case of any family fight or dispute which constitutes or can constitute danger to physical and intellectual development of the child or which does harm or infringes upon its legitimate interests the body of guardianship recommends to the family members who are in the conflict or dispute to resolve him within mediation process.

Article 8. Use of limitation period

(1) On the requirements following from the family relations, limitation period does not extend, except as specified, when term for protection of the violated right is specially provided by this code.

(2) By consideration of requirements which follow from the family relations degrees of jurisdiction apply the regulations regulating limitation period according to the rules provided by the relevant articles of the Civil code.

Section II Marriage

Chapter 3 of the Condition and procedure for marriage

Article 9. Marriage

(1) Braque consists in bodies of civil registration, and also in other representatives the law bodies.

(2) the Legal rights and obligations of spouses arise from the date of registration of scrap in bodies of civil registration.

Article 10. Declaration of accession to scrap

(1) the Declaration of accession to scrap is submitted personally by persons wishing to get married, to bodies of civil registration at the place of residence of one of them or their parents.

(Future spouses shall specify 2) In the declaration of accession to scrap for lack of the obstacles provided by the law for marriage.

(3) Filing of application about marriage and registration of scrap are made according to the procedure, established for state registration of acts of civil status.

Article 11. Marriage conditions

(1) are necessary For marriage the disinterested, not caused by something mutual consent of the man and woman personally expressed, marrying, and also achievement of age of consent by them.

(Persons marrying shall report 2) each other about condition of the health.

Article 12. Procedure for marriage

(1) Registration of scrap is made in the presence of persons marrying after at least than one month from the date of submission of the corresponding statement by them.

(2) in the presence of reasonable excuses at the request of persons marrying the term specified in part (1), it can be reduced by the responsible person of body of civil registration. In case of special circumstances (threat of life, pregnancy, the child's birth, etc.) it can be got married in day of filing of application.

(3) the Maximum term established for scrap registration shall not exceed two months from the date of filing of application about marriage.

Article 13. Physical examination of persons marrying

(1) Persons marrying are exposed can be exposed from their informed consent to free physical examination for the purpose of detection at them of diseases or causative agents of diseases which can be transferred to children.

(2) About results of physical examination it is reported only to the examined person.

(3) the Procedure, terms and amount of physical examination of persons marrying are established by the Ministry of Health, work and social protection.

Article 14. Age of consent

(The Minimum age of consent makes 1) 18 years.

(2) in the presence of reasonable excuses the age of consent can be reduced, but no more than for two years. For decrease in age of consent it is granted permission by local body of guardianship at the place of residence of one of persons wishing to marry based on the statement of these persons and the consent of parents of the minor.

Article 15. The circumstances interfering marriage

(1) marriage is not allowed between:

a) persons from whom at least one is married;

b) relatives in a straight line to the fourth knee inclusive, the brothers, sisters including having general the father or mother;

c) the adoptive father and adopted;

d) the adoptive father's relative in a straight line to the second knee inclusive and adopted;

e) the custodian and the minor who is under its guardianship during guardianship;

f) persons, concerning at least one of which establish measure of judicial protection (temporary protection, guardianship or guardianship) and there is no permission required by the law for marriage;

g) persons condemned to imprisonment when both serve sentence;

h) same-gender persons.

(Any person can declare 2) the disagreement on marriage if there is legal obstacle or other requirements of the law are not observed, having in writing stated the corresponding bases and proofs. Bodies of civil registration shall check the provided objections and if they prove to be true, to refuse scrap registration.

Chapter 4 Personal rights and obligations of spouses

Article 16. Equality of spouses in the family relations

(1) All issues of family life are resolved by spouses jointly, according to the principle of their equality in the family relations.

(2) Each of spouses has the right to continue the study, occupational work or to choose them at discretion.

(3) as a result of the independent, free choice of the spouse determine the place of the residence.

(4) the Relations between spouses are based on mutual respect and mutual assistance, on execution of general obligations on maintenance of family, on care of children and their education.

Article 17. Choice by spouses of surname

(1) In case of marriage of the spouse voluntarily choose surname of one of them as general, or each of spouses keeps the premarital surname, or both choose the general surname formed by connection of their surnames or attach to the surname of other spouse.

(2) Connection of surnames is not allowed if at least one of them double.

(3) Change of surname by one of spouses does not involve change of surname by other spouse.

(4) In case of registration of annulment of marriage of the spouse has the right to keep the surname chosen in case of marriage or to recover the premarital surnames.

Article 18. Non-property relations of spouses

(1) the Non-property relations between spouses are regulated by this code.

(2) Spouses shall support morally each other and keep conjugal fidelity.

Chapter 5 Legal mode of property of spouses

Article 19. Concept of the legal mode of property of spouses

(1) the Property acquired by spouses during scrap falls under the mode of joint property.

(2) the Legal mode of property of spouses is effective if the marriage agreement does not establish other.

Article 20. Joint property of spouses

(1) the Property acquired by spouses in the period of condition in scrap according to the legislation belongs to both of them by the right of joint property.

(2) the Joint property of spouses is constituted by the property acquired for the account:

a) income of each of them gained as a result:

- labor activity;

- business activity;

- intellectual activities;

b) awards, remunerations and other payments except for issued as compensation (financial support, compensation of damage in connection with damage of health, etc.);

c) other general means.

(3) the Joint property of spouses are the personal and real estate created, founded or acquired at the expense of general means, the securities acquired at the expense of such means, deposits, capital shares in financial institutions and commercial societies, and also other property acquired during scrap even if it is acquired or enclosed addressed to one of spouses.

(4) the Right to joint property belongs to the spouse and if he had no independent income in connection with housekeeping, care of children or on other reasonable excuses.

(5) the Joint property of spouses is constituted by the property acquired by them from the date of marriage about day of its termination. Upon the demand of the interested spouse not guilty of annulment of marriage, the degree of jurisdiction has the right to recognize the property acquired by it during separate accommodation with other spouse, its property.

Article 21. Right of spouses to ownership, use and order of common property

(1) Spouses by agreement own, use and dispose of common property.

(2) Each of spouses has the right to conclude bargains on the order common property, excepting immovable. At the same time it is supposed that he acts with the consent of other spouse.

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