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LAW OF THE REPUBLIC OF MOLDOVA

of June 13, 2002 No. 1125-XV

About enforcement of the Civil code of the Republic of Moldova

(as amended on 19-12-2019)

The parliament adopts this organic law.

Chapter I General provisions

Art. 1. - The civil code of the Republic of Moldova No. 1107-XV of June 6, 2002 becomes effective from the date of entry into force of the Code of civil procedure of the Republic of Moldova approved in the first reading by the Resolution of Parliament No. 16-XV of March 29, 2001.

Art. 2. – Approve standard forms according to appendices 1-9 to this law.

Art. 3. - From the date of entry into force of the Civil code of the Republic of Moldova No. 1107-XV of June 6, 2002:

a) the Civil code approved by the Law of the Moldavian SSR on approval of the Civil code of the Moldavian SSR of December 26, 1964 is declared invalid (Sheets of the Supreme Council of the Moldavian SSR, 1964, No. 36, the Art. 81), with subsequent changes and amendments;

b) current laws and other regulations are applied in the part which is not contradicting the Civil code of the Republic of Moldova.

Art. 4. - (1) the President of the Republic of Moldova is offered to bring the acts into accord with the Civil code of the Republic of Moldova.

(2) to the Government till January 1, 2003:

a) provide to Parliament of the offer on reduction of the current legislation to compliance with provisions of the Civil code of the Republic of Moldova;

b) bring the regulations into accord with provisions of the Civil code of the Republic of Moldova;

c) provide review and cancellation by the ministries and departments of their regulations contradicting the Civil code of the Republic of Moldova;

d) take other measures for ensuring enforcement of the Civil code of the Republic of Moldova, its studying and application by persons of law.

Art. 5. - The legal relationship existing on the date of entry into force of the Civil code of the Republic of Moldova are regulated according to article 7 of the specified code.

Chapter II of Provisions on enforcement of the changes made by the Law on upgrade of the Civil code and modification of some legal acts No. 133/2018

Part 1 General provisions

Art. 6. – (1) Provisions of this Chapter regulate enforcement of the changes in the Civil code made by the Law No. 133/2018.

(2) Provisions of Article 7 of the Civil code with the changes made by the Law No. 133/2018, and provisions of the Law on regulations No. 100/2017 are applied in the part which is not regulated by provisions of this Chapter.

(3) Provisions of the Civil code in the edition preceding entry into force of the Law on upgrade of the Civil code and modification of some legal acts No. 133/2018, are interpreted autonomous, without possibility of the reference to the changes in the Civil code made by the Law No. 133/2018.

Art. 7. – (1) the Changes in the Civil code made by the Law No. 133/2018, become effective since March 1, 2019, except for brought in Article 680 and Chapter XXV (Insurance) of the Section III of the book of third which will become effective since January 1, 2020.

(2) to provide to the Government till March 1, 2019 repeated publication in the Official monitor of the Republic of Moldova of the Civil code and this law with the changes made including specified in part (1) the law, having given to Sections, Chapters, parts as a part of Chapters, to paragraphs, Articles of the Civil code and their parts new numbering and having corrected, if necessary, all references to Articles and their parts.

(3) If for date of repeated publication according to part provisions (2) separate legal statuses did not become effective yet, in the corresponding edition of the Official monitor of the Republic of Moldova the mark about subsequent date of their introduction in force becomes. The non-inclusion in repeatedly published Civil code of old provisions of Chapter XXV (Insurance) of the Section III of the book of third does not influence their action till January 1, 2020 according to part (1).

(4) Every time when legislative or regulations refer to the Civil code, to the certain Article or provision which voided or changed, or on Articles renumbered subsequently according to specified in part (1) the law, the reference is considered made on relevant provisions which replace them, or with the renumbered Article.

(5) Every time when regulations refer to legal statuses from the laws which are acknowledged voided by the article XVII of the Law No. 133/2018, the reference is considered made on relevant provisions of the Civil code which replace them.

Part 2 Provisions on enforcement of the changes made to the book the first

Art. 8. – Provisions of Article 22 of the Civil code in edition of the Law No. 133/2018 are applied to the notifications directed since March 1, 2019 irrespective of the moment of emergence of legal situation to which the notification belongs.

Art. 9. – The provisions of Articles 185-201 of the Civil code brought by the Law No. 133/2018, are applied since March 1, 2019, at least the managing director also was appointed till March 1, 2019.

Art. 10. – The changes made by the Law No. 133/2018 to the provisions of the book of the first of the Civil code concerning reorganization or liquidation of the legal entity are not applied to procedures of reorganization or liquidation if the decision of competent authority on the beginning of reorganization or liquidation was accepted till March 1, 2019.

Art. 11. – (1) the Legal entities registered in the Republic of Moldova and also branches and representations of foreign legal entities shall till January 1, 2024:

a) bring the constituent documents and/or charters and regulations of branches and representations into compliance with the changes to Articles 240 and 241 of the Civil code made by the Law No. 133/2018;

b) request production of necessary changes according to Item and) in the state register of legal entities or in other public register in which they are registered according to the law.

(2) If the legal entity on own initiative makes change to the constituent document and/or the charter before the term specified in part (1), it shall provide simultaneous accomplishment of provisions of part (1).

(3) Registration of changes in constituent documents and/or charters of legal entities according to Item b) parts (1) and part (2) it is performed without collection of the registration fees and payments for registration.    

(4) the Changes in Articles 240 and 241 of the Civil code made by the Law No. 133/2018, are applied since March 1, 2019 irrespective of whether the changes provided by part (1) this Article are made. In particular, since March 1, 2019 the following rules are applied:

a) branches and representations of the legal entity registered till March 1, 2019 for the purposes of application of the current legislation are considered as departments of the corresponding legal entity;

b) information from the state register of legal entities or from other public register provided by the law, concerning branches and/or representations of the legal entity, is considered information on departments of the legal entity. 

(5) If the branch of the foreign legal entity registered in the Republic of Moldova till March 1, 2019 has the status of the legal entity other than the foreign legal entity, it ceases to have the status of the excellent legal entity from the moment of modification according to part (1) or, on circumstances, part (2). At the same time during provided by part (1) or, on circumstances, part (2) term the foreign legal entity who is pursuing or not pursuing revenue generating purpose can initiate transformation of the branch registered in the Republic of Moldova to limited liability company with the single participant or, on circumstances, in one of the corresponding forms of business provided for the legal entities of the Republic of Moldova who are not pursuing revenue generating purpose.  

(6) References in the current legislation to branch or representation of the legal entity reckon as references to department of the legal entity before reduction of the legislation in compliance with Articles 240 and 241 of the Civil code with the changes made by the Law No. 133/2018.

Art. 12. – Provisions of Article 325 of the Civil code in edition of the Law No. 133/2018 are applied if the obligation on transaction is drawn up after March 1, 2019 or arose based on the law after the same date.

Art. 13. – Provisions of Article 360 of the Civil code introduced by the Law No. 133/2018, are applied to agreed by the third party since March 1, 2019, at least the transaction to which it is agreed, and was made till March 1, 2019.

Art. 14. – The changes of provisions of the Civil code of rather preclusive terms made by the Law No. 133/2018, are not applied to terms which current began till March 1, 2019.

Art. 15. – (1) part Provisions (2) Article 379 and Article 380 of the Civil code, brought by the Law No. 133/2018, are applied in process of creation of specifications, but not later than since March 1, 2021.

(2) to the Government of the Republic of Moldova in specified in part (1) term to create the register of powers of attorney and to provide its functioning.

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