Civil law in Moldova

Civil law covers relationships between private parties. A natural person has legal capacity to hold rights and duties, while a legal person such as a company acts through its authorized bodies. The Civil Code recognizes contractual freedom, equality between parties and good faith. Contracts may concern sales, leases, loans or services. The required form depends on the transaction; some acts require notarization or registration. Companies and entrepreneurs use the relevant ASP register, and some applications can be submitted electronically through servicii.gov.md or Mpay. Agenția Servicii Publice (ASP) records civil-status events such as births, marriages, divorces, deaths, name changes, paternity and adoption. Foreign civil-status documents may require registration or transcription in Moldova. Cases involving documents from the left bank of the Dniester or Bender can follow a specific ASP certificate procedure. Only a marriage registered by a civil-status authority creates spousal rights. Disputed divorce, parental rights, child maintenance and guardianship matters can involve a court or the tutelary authority. Property may be private or public and may be held jointly. Rights in immovable property, including ownership, usufruct, habitation, servitudes, superficies, leases and mortgages, are registered in the Registrul bunurilor imobile. The application normally goes to the territorial cadastral body or ASP office responsible for the property's location, often through a multifunctional centre. A regular registration service commonly takes about 10 working days, while accelerated services may take 3 or 1 working day. Fees depend on the service; the research basis lists 260, 780 or 1,300 lei for one ownership-registration service at those processing speeds. An inheritance may follow the law or a will. The notary opens the succession procedure, receives the declaration of acceptance and issues the certificate of inheritance. The usual acceptance period is 12 months from the opening of the succession. A notary may extend the period for justified reasons when no heir objects; otherwise, the matter can go to court. Real estate received by inheritance also requires registration with ASP. Notarial and registration costs depend on the act and applicable tariff. Civil liability can arise from a contract or from causing damage outside a contract. Depending on the legal basis, a claim may seek restoration, repair, compensation, interest or penalties. Evidence commonly concerns the contract or duty, the damage, the causal link and fault. The general limitation period is approximately three years, but special periods can apply. A civil dispute may begin with a statement of claim or a special application. The ordinary court structure runs from the Judecătorie to the Curte de Apel and then the Curtea Supremă de Justiție, with appeals, recourse or review governed by the Civil Procedure Code. The portal instante.justice.md provides court information. A civil case can involve a 200-lei court stamp fee, an additional state fee based on the claim or document, and possible court, lawyer, expert or translation costs. Duration depends on the case and court level. Mediation under Law No. 137/2015 provides a voluntary, legally regulated path for many civil disputes. A mediator helps the parties reach a mediation agreement, whose confirmation and legal effect depend on the procedure. State-guaranteed mediation may be available through CNAJGS and its territorial offices. Primary state-guaranteed legal assistance is also available through a parajurist, while qualified assistance can be provided by a lawyer or public lawyer when income and case criteria are met; some cases qualify regardless of income. Current thresholds and partial funding rules should be checked under the applicable regulation. A court judgment or another enforceable document can be sent to an executor judecătoresc for voluntary or compulsory enforcement. Depending on the title and law, enforcement can concern bank accounts, property, wages, seizure or sale. Certain enforcement actions can be challenged before a court within the statutory period. Regional practice can differ because ASP branches, cadastral offices, courts and CNAJGS offices have territorial responsibilities, while fees and deadlines depend on the current service rules.