(1) When, under the provisions of this Book, reference is made to a foreign law, only the substantive rules, and not the conflict-of-laws rules of that law, shall apply. (2) By way of exception to paragraph (1), a foreign law includes its conflict-of-laws rules if…
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Article 2582. Overriding mandatory provisions
(1) Overriding mandatory provisions are provisions the respect for which is regarded as crucial by a certain state for safeguarding its public interests, such as its political, social or economic organisation, to such an extent that they are applicable to any situation falling within their scope,…
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Article 2580. Reciprocity
(1) A foreign law is applied in the Republic of Moldova regardless of whether the law of the Republic of Moldova is applied to similar relationships in the respective foreign state, except in cases where the application of the foreign law is, under the law…
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Article 2579. Determination of the Content of Foreign Law
(1) The content of a foreign law is established in accordance with its official interpretation and the practice of its application in that foreign state. (2) To determine the content of the rules of foreign law, a court may seek assistance and clarifications from the…
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Article 2578. Application of the Law of a State with Multiple Legal Systems
When reference is made to the law of a state where multiple legal systems coexist, without specifying which one is applicable, the legal system determined in accordance with the legal rules of that state shall apply. In the absence of such rules, the legal system…
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Article 2577. Qualification of Legal Concepts in Determining the Applicable Law
(1) When determining the law applicable to private legal relationships with a foreign element, the qualification of legal concepts is made according to the law of the Republic of Moldova, unless otherwise provided by the law or international treaties to which the Republic of Moldova…
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Article 2576. Determination of the Law Applicable to Private Legal Relationships with a Foreign Element
(1) The law applicable to private legal relationships with a foreign element is determined based on international treaties to which the Republic of Moldova is a party, this book, the laws of the Republic of Moldova, and internationally recognized customs in the Republic of Moldova.…
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Article 435. Rights, acts or facts subject to notation
(1) In the cases provided by law, rights, acts, facts, or legal relationships become opposable to third parties via notation exclusively unless it is proven that they have been known otherwise, except when the law provides that their mere knowledge is not sufficient to cure…
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Article 434. Rebuttal of presumptions on the existence or inexistence of a registrable right
In case of registrable rights, the presumptions provided for in Article 416 may be rebutted solely under an action for rectification or if the case provided for by Article 425 is proven.
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Article 433. Effects of provisional registration
(1) Provisional registration has, from the time when the application is lodged, the same effect as registration of the registrable right, subject to and to the extent of its subsequent justification. (2) As long as the provisional registration is maintained: a) provisional registrations and notations…