(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…
Civil Code of the Republic of Moldova
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Article 105. Modification of Related Normative Acts
(1) Upon the entry into force of this law, the following normative acts are amended as follows: I. Chapter III and Annexes No. 4 and 5 of the Law on the Privatization of the Housing Fund No. 1324/1993 (republished in the Official Monitor of the Republic of Moldova, special edition of June 27, 2006), with subsequent amendments, are repealed. II. The Law on Condominium in the Housing Fund No. 913/2000…
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Article 104. Certain Implementation Provisions of this Law by the Government and Local Public Authorities
(1) Within 6 months from the date of publication of this law, the Government will: a) present proposals to the Parliament for aligning legislation with this law; b) bring its normative acts into accordance with this law; c) develop, through consultation with local public administration authorities, and approve a state program ensuring the state registration of property in all residential buildings that meet the qualities of a condominium, for the…
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Article 103. Entry into Force
(1) This law enters into force 6 months after its publication in Monitorul Oficial al Republicii Moldova, with the exception of: a) the provisions of Chapter VII, which come into force 12 months from the date of publication in Monitorul Oficial al Republicii Moldova; b) the provisions of Article 34 paragraphs (9) and (10), of Article 36 paragraphs (2)-(7) and (10), and of Article 39 paragraphs (1)-(3), which come into…
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Article 102. Act of Establishing the Condominium Declared by this Law
Owners within the condominium declared under Articles 88 or 89 may conclude an act of establishing the condominium in accordance with the conditions of Article 5 paragraphs (2)-(5) and Article 8. The conclusion of the act of establishing the condominium is mandatory for the purpose of modifying the information regarding the condominium provided in Article 5 paragraph (2).
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Article 101. Provisional Shares and Definitive Determination of Shares in the Condominium
(1) Shares in the condominium declared under Articles 88 or 89 are determined by the association simultaneously for all units and are approved with more than 1/2 of the votes of all condominium owners. (2) At the request of the association, as well as any other interested person, the minutes of the general meeting of the association constitute a legal basis for registering the size of the share in the…
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Article 100. Making of Registrations and Notations
(1) The provisions of this Chapter constitute a legal basis for making or deleting respective registrations or notations in/from the register of immovable property by the cadastral office within whose area of activity the immovable property is located, upon the request of any condominium owner, the association, or the central or local public administration authorities. (2) Territorial cadastral offices, without a request, will make and delete registrations and notations resulting…
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Article 99. Extension of Previous Encumbrances and Prohibitions
If, at the date of the transfer of the share under Article 88 or 89, the unit was encumbered with a mortgage, third-party rights, was under seizure, or had another encumbrance or prohibition registered against it, these will extend, from the same date, to the transferred share without the need for a registration in this regard in the register of immovable property.
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Article 98. Particularities of Lands with Multiple Condominiums
(1) If, at the date of entry into force of this Chapter, the land is owned by the state or an administrative-territorial unit, and on the land are situated two or more residential buildings which, separately, meet the definition of a condominium (especially if the buildings are owned by different individuals and/or legal entities other than the state or administrative-territorial unit), Articles 88 and 89 apply with the following exceptions:…
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Article 97. Particularities of Privately Owned Lands
(1) If, at the date of entry into force of this Chapter, the land is owned by one or more individuals and/or legal entities other than the state or administrative-territorial unit, Articles 88 and 89 apply with the following exceptions: a) the land does not form part of the condominium, and the entry provided for in Article 88 paragraph (3) is not made. The landowner may not demand payments from…