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

LAW OF THE REPUBLIC OF MOLDOVA

of July 30, 2001 No. 449-XV

About pledge

(as amended on 15-12-2017)

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Concept of pledge

(1) Pledge is real providing based on which the pawnbroker can turn collection on pledged property, having advantage before other creditors, including the state, in satisfaction of the secure requirement.

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

Article 2. Pledger

(1) Pledger is any physical person or legal entity, being the owner, other legal owner or the usufructuary of pledged property having the right to alienate it.

(2) can be the Pledger both the debtor on secured liability, and the third party.

(3) the Property which is in common property can be encumbered with pledge only with the consent of all owners.

(4) Commercial societies and the companies encumber the property with pledge according to the constituent documents.

(5) the Share of the property which is in common ownership can be pledged without the consent of other owners.

(6) the Property of the physical persons which are under guardianship or custody can be pledged only with the consent of body of guardianship or, respectively, guardianship.

Article 3. Pawnbroker

Pawnbroker is person for benefit of whom pledge is established.

Article 4. Pledge types

(1) Pledge is established concerning personal estate or set of personal or real estate.

(2) Pledge of real estate is recognized mortgage. The mortgage is regulated by this law and the legislation on mortgage. Provisions of this Article are not applied in relation to mortgage in the cases which are directly established by the law and also if the legislation on mortgage provides other.

(3) Encumbrance by pledge of personal estate is performed with deprivation or without deprivation of ownership of this property.

(4) Pledge of personal estate with deprivation of ownership of this property is recognized pledge.

Article 5. Indivisibility of pledge

Pledge is indivisible even if the pledged property or the obligation is dividend.

Chapter II. Origin and registration of pledge

Article 6. Bases and moment of emergence of pledge

(1) Pledge arises only on conditions and in the forms established by this law.

(2) Pledge arises owing to the agreement or the law.

(3) the Mortgage arises from the moment of registration. Pledge of personal estate without deprivation of ownership of this property arises at the time of registration or in case of pledge of money on the bank account, created through control, according to part (2) Article 25-1.

(4) Pledge arises from the moment of the introduction of the pawnbroker in ownership of property.

Article 7. Registration of pledge without deprivation of ownership of property

(1) the Mortgage is registered in the Register of real estate.

(2) Pledge of personal estate without deprivation of ownership of this property, except for the pledge created through control according to part (2) Article 25-1, is registered in the Register of pledges of personal estate (further – the Register of pledges).

Chapter III. Subject and limits of pledge

Article 8. General provisions

(1) any material or non-material property, the present or the future determined individually or generally, or property set, except for inalienable property and property which it cannot be seized can be the Subject of pledge. Any property right, including right to claim of the pledger in relation to the pawnbroker can be subject of pledge.

(2), according to sense of this law, it is necessary to understand set of the personal estate existing or acquired in the future As property set, material or non-material, described in general procedure.

(3) the Mortgage right extends also to accessories of the pawned item if the agreement does not provide other.

(4) Pledge extends to any property attached to the pawned item.

(5) the Subject of pledge the be rights connected directly with the identity of the pledger, and also the right whose concession is forbidden other person by the law cannot.

(5-1) Essential share fraction of banks of the Republic of Moldova can be subject to pledge only in the presence of prior consent of National Bank of Moldova.

(6) Things which according to the law cannot separately be alienated cannot be pledged separately.

(7) money in national and foreign currency can be the Subject of pledge:

a) being on bank accounts and which will arrive on bank accounts as pledge without deprivation of ownership;

b) in the form of the anniversary and commemorative coins including containing precious metals as pledge (pledge) with deprivation of ownership.

Article 9. Replacement property and insurance indemnity

(1) If on the terms of the law the property right of the pledger to pledged property stops, pledge automatically extends to the replacement property or insurance indemnity which are due to the pledger if the pledge agreement does not provide other. In this case degree of priority of pledge of replacement property or insurance indemnity is determined by the moment of emergence of pledge of property, the property right to which stopped.

(2) Pledge extends to insurance indemnity, except for situations when the insured event took place because of the pawnbroker or if the pledge agreement provides other.

(3) in case of awareness on existence of pledge of property person who owes insurance indemnity shall notify the pawnbroker on the intention to pay insurance indemnity to the address specified in the Register of pledges. The pawnbroker shall answer within 10 days after receipt of the notification, having specified one of the following methods of use of insurance indemnity:

a) payment to the pawnbroker for repayment of the guaranteed obligation if the notification on execution according to part (1) Article 67 was sent;

b) payment into the account of the pledger, having specified the account when pledge concerning money on the bank account, according to part (2) Article 25-1, was established or

c) payment to the pledger, according to that as it was specified by this pledger.

(4) for the purposes of Item b) parts (3), the pledger according to the property obligation will provide forming of pledge on money on the bank account, according to part (2) Article 25-1, till 3 days from the date of the statement of the pawnbroker. In case of non-execution of this obligation, the pawnbroker has the right to require premature execution of the guaranteed obligation and to appoint under accounting subject to pledge, according to part (1) Article 61.

(5) Person who owes insurance indemnity shall:

a) without unreasonable delay to pay insurance indemnity as it is specified in the answer of the pawnbroker; or

b) if the pawnbroker did not answer in time, specified in part (3), and there is proof of receipt of the notification, to pay insurance indemnity to the pledger or as it is specified by the pledger.

(6) the Pawnbroker will direct the insurance indemnity received according to Item and) parts (3), on execution of secured liability.

Article 10. Products

Pledge of property in automatic procedure extends to its fruits, the income and products, to sales proceeds or alienations otherwise of pledged property, including according to part (2) Articles 24, or its fruits, the income and products if the pawnbroker and the pledger did not agree about other. In this case degree of priority of pledge of fruits, the income and products of property, sales proceeds or alienation otherwise of property or its fruits, the income and products is determined by the origin moment owing to pledge of property.

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