Civil Code of the Republic of Moldova

  • Article 201. Powers granted by the supreme or supervision body

    Octavian Cazac 16.12.2022

    (1) The supreme body of the legal entity or its supervisory body (the board) may, by resolution, authorize a third party (with or without the right of delegation) to act on behalf of that legal entity in order to enforce the resolution of such body. In this case, the authorized third party holds powers without it being required to obtain powers from the administrator. The minutes that include the resolution…

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  • Article 13. Condominium ownership

    Octavian Cazac 22.11.2022

    (1) Exclusive ownership over the unit and the share of the common ownership form an undivided unit and may not be transferred or encumbered separately. In this case, the other condominium owners do not hold a preemption right provided for by Article 552 of the Civil Code no. 1107/2002. (2) Upon change of the holder of the exclusive ownership over the unit, the share in the common ownership also passes…

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  • Article 3. Principal Definitions

    Octavian Cazac 23.08.2022

    For the purposes of this law, the following terms have the following meanings: administrator of the association (also referred to as the administrator) – a person designated as the executive body of the association who, for the purposes of Article 177 of the Civil Code 1107/2002, represents the associations as regards third parties and fulfills other duties established by the charter and this law; general meeting of the association (also…

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  • Article 2. Laws governing Condominium

    Octavian Cazac 23.08.2022

    The law of condominium is a part of civil law and includes this law, Law No. 75/2015 on Residences, the Civil Code no. 1107/2002, and other pieces of legislation in this field.

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  • Article 1. Scope

    Octavian Cazac 23.08.2022

    (1) This law governs: a) the property relationship in a condominium; b) the organization of condominium owners in an association; c) other legal relationships related to the relationships provided for in sub-paragraphs (a) and b). (2) This law also governs the simplified mechanism of passing: a) of certain existing immovables to the property regime of condominium provided by this law; b) of owners of certain existing immovables to the forms…

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  • Condominium Law: Article 36. Conduct of a General Meeting

    Octavian Cazac 04.08.2022

    (1) A general meeting held by presence or in a mixed form is conducted on the day, at the time, and in the place indicated in the convocation notice sent to each owner. The body of the association or the owners convening the general meeting organize the registration of owners and of the votes represented. (2) An owner may be present at a general meeting physically, by video conference, or…

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  • Article 902. Notice fixing additional period for performance

    Octavian Cazac 04.07.2022

    (1) In any case of non-performance of an obligation the creditor may by notice to the debtor allow an additional period of time for performance. (2) During the additional period the creditor may withhold performance of the creditor’s reciprocal obligations and may claim damages, but may not resort to any other remedy. (3) If the creditor receives notice from the debtor that the debtor will not perform within that period,…

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  • LPA C civ, art. 29 [Statutory Building Right over Public Rent and Royalty]

    Octavian Cazac 01.07.2022

    (1) By virtue of Law No. 133/2018, as of 1 March 2019, a statutory building right (superficies) shall be established over the land belonging to the state or the administrative-territorial units (either it forms part of the public or the private domain) in favor of the owner of the immovable property entered in Chapter B (save for provisional constructions) and of the owner of the immovable property entered separately in…

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  • Article 654. Notion of superficies

    Octavian Cazac 01.07.2022

    (1) A right of superficies is an immovable proprietary right to possess and use the land of another for the purposes of building and exploiting a construction of the superficiary, on and under the land, or to exploit an existing construction of the superficiary.  This right is transferable, heritable, and may be leased. (2) Unless otherwise provided for, a right of superficies may be exercised only over the built surface…

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  • Article 482. Acquisition and exercise of possession

    Octavian Cazac 03.06.2022

    (1) Possession is acquired by the wilful exercise of the physical control of the property. (2) A possessor of a right is considered the person who started to exercise it as a holder. The provisions on possession apply mutatis mutandis to possession of rights. (3) Where several persons jointly possess a property, they are considered co-possessors. (4) Where several persons possess parts of a property, they are considered possessors of…

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