(1) Civil law has no retrospective effect. It does not amend nor exclude the requirements for constitution of a legal situation constituted in the past, nor the requirements for the ending of a legal situation ended in the past. Further, a new law does not…
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Article 6. Analogy of statute and analogy of law
(1) Where there is no regulation in the law or by the parties’ agreement and in absence of an usage, relationships governed by Article 2 are governed, unless it contravenes their nature, by the rule of civil legislation which governs similar relationships (analogy of statute).…
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Article 8. Civil legislation and international treaties
If a treaty to which the Republic of Moldova is a party contains provisions other than those set out in civil legislation, then the provisions of the international treaty apply.
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Article 2. Relationships governed by civil legislation
(1) Civil legislation determines the legal status of participants to the civil circuit, the grounds of acquisition of ownership and its exercise, governs contractual and other obligations, other pecuniary and personal non-pecuniary relationships between the subjects of civil legal relationships. (2) Family, residential, labor, natural…
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Article 14. Prohibition to Rely on Own Illegal or Bad Faith Conduct
(1) No person can rely, when grounding its claim, on an illicit conduct or bad-faith conduct which it carried out or to which it participated. (2) No person may obtain an advantage out of its illicit or bad faith conduct.
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Article 5. Usage
(1) A usage is a rule of conduct which, although not laid down by legislation, is widely known and regularly observed in a certain area of civil relationships. (2) A usage applies unless it contravenes law, public order and good morals and the juridical act.
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Article 4. Civil legislation
(1) Civil legislation is made up of this Code, other laws (translation note: Act of Parliament), ordinances of the Government and normative acts subordinated to laws, which govern the relationships laid down in Article 2 and that must be consistent with the Constitution of the…
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Article 22. Notices
(1) Notice means the communication of a juridical act or of information for a juridical purpose. (2) The notice may be given by any means appropriate to the circumstances unless the law or juridical act imposes a certain formal requirement. (3) The notice becomes effective…
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Article 1. Principles of civil legislation
(1) Civil legislation is grounded on the recognition of equality of participants to the relationships governed by it, protection of intimate, private and family life, recognition of inviolability of ownership, freedom of contract, protection of good faith, consumer protection, recognition of prohibition to middle in…
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Article 12. Reasonableness
Reasonableness, provided by a legal provision or a juridical act, is to be objectively ascertained, having regard to the nature and purpose of what is being done, to the circumstances of the case and to any relevant usages and practices. Annotation: Author: Octavian Cazac Published:…