Contributed by Gladei & Partners.
1. General Trends
1.1. What is the current state of litigation in your jurisdiction, and what recent trends or developments have been observed?
Currently, the examination of disputes in Moldova has stagnated to a certain extent, due to the fact that the judges of the Supreme Court of Justice and the Courts of Appeal are subject to an extraordinary vetting procedure initiated in 2022 among judges and prosecutors.
However, several measures are taken to ensure avoiding delays in examining the disputes. Moreover, several legal developments are integrated in order to combat the abuses of procedural rights and ensure a correct and expeditious resolution of the disputes.
1.2. What are the key legal frameworks that regulate litigation?
The key legal frameworks governing litigation in Moldova include:
• Constitution of the Republic of Moldova – the supreme law of the country, laying the foundation for the legal system and fundamental rights related to justice.
• Civil Procedure Code sets out the rules and procedures for civil litigation, including court jurisdiction, filing of claims, evidence, and enforcement of judgments.
• Criminal Procedure Code sets out similar rules, as those for civil litigation, but with the specific of criminal litigation.
• Administrative Code regulates the relationship between individuals and public authorities, including procedures for challenging administrative decisions.
• Various other laws regulate specific areas of litigation, such as intellectual property, competition, insolvency, consumer protection, and other domains.
2. Jurisdiction and Competence
2.1. How is the court system structured in your jurisdiction?
The court system in Moldova is structured into three main degrees of jurisdiction:
• District courts, located throughout the country, serve as courts of first instance;
• Courts of Appeal, with three regional divisions (North, Center, and South), which review first-instance decisions through appellate procedures;
• The Supreme Court of Justice stands as the highest judicial authority, ensuring the uniform interpretation and application of law across the country and serving as the final court of appeal in cassation.
2.2. Are there specialized courts for specific types of litigation?
The Moldovan judicial system is structured into levels, ensuring an efficient distribution of workload. Although the courts in the Republic of Moldova are divided into courts of general jurisdiction, which deal with a wide range of cases, the judges within the courts are specialized, focusing on specific areas of law – e.g., administrative disputes or insolvency proceedings.
2.3. How is jurisdiction determined in cross-border litigation, especially in cases involving foreign parties or multiple jurisdictions?
Jurisdiction in cross-border litigation involving Moldova is primarily governed by Article 461 of the Civil Procedure Code, which establishes the exclusive jurisdiction of Moldovan courts in certain cases with foreign elements, as follows:
• Real estate located in Moldova (ownership, use, or related claims);
• Transport contracts, where the carrier, departure, or arrival points are in Moldova;
• Maritime or aviation incidents, such as collisions, rescue operations, or arrests of ships and aircraft under the Moldovan flag or within Moldova’s territory;
• Bankruptcy or insolvency proceedings concerning foreign companies with a registered office in Moldova;
• Family law matters, including divorce or marriage annulment, when both spouses reside in Moldova and at least one is a Moldovan citizen or stateless person;
Article 461 of the Civil Procedure Code explicitly states that the competence of Moldovan courts is not excluded merely because a related or identical case has already been initiated in a foreign jurisdiction. This means that even if a foreign court is already hearing a dispute, a Moldovan court may still assert jurisdiction if the case falls within its exclusive or special jurisdiction.
Moreover, under Article 2 of the Civil Procedure Code, if Moldova is a party to an international treaty that sets different jurisdictional rules, the treaty provisions prevail over domestic law, unless they require national implementation measures.
Thus, jurisdiction in cross-border cases is determined based on a combination of domestic law, international treaties, and the principle of reciprocity, ensuring that Moldovan courts can handle key legal matters while respecting foreign judicial processes where applicable.
3. Initiating Litigation
3.1. What are the primary steps required to initiate litigation in your jurisdiction?
To initiate litigation in Moldova, a party must file a statement of claim with the competent court. This procedural document formally presents the claimant’s legal claims and sets the framework for judicial proceedings. The court can only adjudicate the dispute within the boundaries set by the claimant in the statement of claim. The judge is not permitted to exceed these limits.
The content of any statement of claim consists of:
a) Essential elements, meaning mandatory components without which the claim cannot be filed with the court (e.g., Identification details of the parties, Information on compliance with prior procedural requirements). The judge will not proceed with a statement of claim if even one essential element is missing.
b) Non-essential elements, meaning optional components that can be included in the claim if possible or if the claimant deems them necessary. The absence of a non-essential element in a statement of claim does not constitute a deficiency and cannot be a reason for rejecting the claim.
The statement of claim shall be filed with the competent court, paying the required amount of the state fee (depending on the type of claim) and attaching the documents confirming the claims.
After the court receives the lawsuit and accepts it for examination, it will inform the defendant of the initiated court dispute.
3.2. Are there any specific requirements for parties regarding pre-litigation procedures?
In certain cases, compliance with a preliminary dispute resolution procedure is mandatory before filing a claim in court. This is typically required in administrative litigation cases, where claimants must first seek resolution through administrative channels before filing a lawsuit. Additionally, if the parties have agreed through a contractual clause to resolve disputes via arbitration, they must adhere to that process before seeking court intervention.
4. Timelines
4.1. What are the typical timelines for different stages of litigation, from initiation to resolution?
The timeline for the resolution of a case may differ depending on several factors, like parties’ behavior or the complexity of the subject matter of the dispute. However, generally, we believe that a civil case may be resolved in 12-18 months, with the subsequent appeal procedures in 6-12 months and, if the case, 9-12 more months of the cassation procedure in front of the Supreme Court of Justice.
It is important to note that the above estimations may not duly reflect reality at this stage due to the current vetting exercise taking place in Moldova.
4.2. Are there specific time limits for filing claims, and do these vary depending on the type of dispute?
Yes, the general limitation period for initiating a civil dispute is three years, but for certain claims, the limitation period may differ.
5. Interim Measures
5.1. What interim remedies are available in your jurisdiction?
According to Article 175, paragraph (1) of the Civil Procedure Code, the law provides a variety of interim measures to protect the interests of the claimant during a civil trial. These can be applied by the judge or the court, taking into account the circumstances of each specific case. The measures include:
– Seizure of assets or sums of money which allows the “freezing” of the defendant’s goods or sums of money, including those held by third parties, to guarantee the execution of a possible decision favorable to the claimant.
– Registration of the action in the publicity registers to ensure the opposability of the action against third parties, preventing any transactions with the defendant’s assets that could harm the claimant’s interests.
– The court may prohibit the defendant from taking certain actions, such as selling assets, transferring funds, or other activities that could affect the object of the litigation.
– The court may prohibit third parties from performing certain acts in connection with the object of the litigation, such as transferring goods to the defendant or fulfilling obligations towards him.
– Suspension of the sale of seized assets provides a safeguard against premature disposal of assets. This measure allows time for legal challenges to the seizure itself, ensuring that the defendant’s property isn’t sold before the legality of the seizure is determined. The court may suspend the enforcement, based on an enforceable document contested by the debtor through legal means.
– Suspension of the defendant from managing the assets, which can be applied in certain circumstances, to protect the disputed assets.
It is important to mention that there may be other interim measures that could be applied by the court, but in all cases, the application of the interim measures is subject to certain conditions and must be proportional to the intended purpose. The court will carefully analyze the circumstances of each case before ordering an interim measure.
5.2. Under what circumstances can a party obtain an interim injunction, and how quickly can such relief be granted?
According to Articles 177 and 178 of the Civil Procedure Code, a party can quickly obtain an interim injunction (precautionary measure) in Moldova if they demonstrate the necessity of the measure to protect their rights or legitimate interests from imminent and irreparable harm, as well as the existence of a reasonable basis for their claim.
The request is resolved by the judge on the day of filing, without notifying the other participants in the process. In certain cases, such as filing the request together with the lawsuit or formulating the request during the court hearing, the resolution is also very fast.
After approval, the order is executed immediately, and the parties are promptly informed. The measure is temporary, until the final settlement of the case.
6. Discovery
6.1. What are the rules governing the discovery process in your jurisdiction?
According to art. 119 of the Civil Procedure Code, the parties and other participants in the trial have the obligation to collect and submit the necessary evidence to support their claims and defenses. The court may contribute to the collection of evidence, at the request of the parties, if they encounter difficulties, except in cases where the request is unfounded or intended to delay the proceedings. Evidence is usually submitted in the case preparation phase for judicial debates, within the deadline set by the court.
Art. 119^1 of the Civil Procedure Code establishes the order of presentation of evidence, under the sanction of forfeiture, within the deadline set by the court, in the case preparation phase for judicial debates. Evidence submitted contrary to the law is returned by a protocol order.
6.2. What types of evidence can be requested, and how are discovery disputes resolved?
According to art. 119 para. (2) of the Civil Procedure Code, the request for evidence must specify the evidence and the circumstances that could be confirmed or refuted by it, the reasons preventing the obtaining of the evidence, and its location. The court may issue a request for obtaining the evidence, and the person holding the evidence sends it directly to the court or hands it to the person holding the request.
According to art. 119 para. (3) of the Civil Procedure Code, persons who do not hold the necessary evidence or are unable to submit it within the deadline are required to inform the court within 5 days of receiving the request, stating the reasons for non-submission. Failure to comply with this obligation is punishable by a fine.
Disputes regarding the discovery of evidence are resolved by the court, which analyzes the parties’ requests and decides on the necessity and relevance of the requested evidence. The court may compel the party refusing to provide the evidence to submit it or may draw unfavorable conclusions from this refusal.
6.3. How is evidence presented and evaluated during litigation?
The manner of presentation of evidence is regulated by the Civil Procedure Code. In general, the evidence is presented to the court during the court hearing, and witnesses are heard.
Evidence obtained in violation of legal provisions, such as misleading a participant in the trial, the conclusion of the act by an unauthorized person, the defective conclusion of the procedural act, and other illegal actions, are inadmissible. Also, evidence that has not been submitted by the parties to the trial by the date set by the judge is inadmissible, with certain exceptions provided by law.
The court assesses the evidence according to its inner conviction, based on the multifaceted, complete, impartial, and direct investigation of all the evidence in the file as a whole and their interconnection, guided by the law. No evidence has a pre-established probative force for the court without its assessment. Each piece of evidence is assessed by the court regarding its relevance, admissibility, veracity, and all the evidence as a whole, regarding their mutual connection and sufficiency for resolving the case. The court is obliged to reflect in the decision the reasons for its conclusions regarding the admission of some evidence and the rejection of other evidence, as well as the argumentation of the preference of some evidence over others. The evidence is declared to be truthful if the court finds, by investigation and comparison with other evidence, that the data it contains corresponds to reality.
7. Enforcement of Judgments
7.1. What types of judgments can be issued in civil litigation, and how are they enforced?
There is no exhaustive list of judgments that can be issued in civil litigation, but pursuant to Article 16(1) of the Civil Code, The defense of civil rights is carried out, under the terms of the law, by: a) recognition of the right; b) restoration of the situation prior to the violation of the right and suppression of actions that violate the right or create the danger of its violation; c) finding or, as the case may be, declaring the nullity of the legal act; d) declaring the nullity of the act issued by a public authority; e) imposing the execution of the obligation in kind; f) self-defense; g) reparation of the patrimonial damage and, in the cases provided by law, of the non-patrimonial damage; h) collection of interest for delay or, as the case may be, of the penalty; i) termination or modification of the contract; j) non-application by the court of law of the act that contravenes the law issued by a public authority; k) other means provided by law.
The enforcement of the civil judgments is ensured by the court bailiffs, based on the procedure regulated by the Moldovan Enforcement Code.
7.2. Are there specific provisions for cross-border litigation or enforcement of foreign judgments?
Moldovan law provides specific provisions for the recognition and enforcement of foreign judgments, primarily governed by Article 467 of the Civil Procedure Code. According to this article, foreign court rulings, including settlements, are recognized and enforced in Moldova if an international treaty to which Moldova is a party provides for such recognition or based on the principle of reciprocity regarding the effects of foreign judgments.
A foreign judgment is defined as any ruling issued in a civil matter by a common law or specialized court in another state. To be enforced in Moldova, the judgment must be final and may be submitted for enforcement within three years from the date it became final under the laws of the issuing state. In exceptional cases, the Moldovan courts may reinstate the expired deadline if justified reasons are presented. However, foreign rulings that impose interim measures or require provisional enforcement cannot be executed in Moldova.
Furthermore, Article 2 of the Civil Procedure Code establishes that civil procedural rules in Moldova must align with the Constitution, decisions of the European Court of Human Rights, Constitutional Court rulings, and organic laws. If an international treaty to which Moldova is a party provides for procedural norms different from those in domestic legislation, the treaty provisions prevail, unless their implementation requires the adoption of a national law.
Thus, Moldova’s legal framework ensures a structured approach to cross-border litigation, balancing domestic legal principles with international obligations and reciprocity.
8. Appeal
8.1. What is the appeals process, and what are the grounds for appeal in your jurisdiction?
In Moldova, court decisions that are subject to appeal can be challenged before the appellate court before becoming final. The appellate court reviews the case based on the materials in the file and any additional evidence submitted, verifying the correctness of factual findings, the application and interpretation of substantive law, and compliance with procedural rules in the first instance, according to Article 357 of the Civil Procedure Code.
The right to appeal is granted to the parties and other participants in the process, including representatives authorized by law, as well as witnesses, experts, specialists, and interpreters concerning the reimbursement of court expenses, according to Article 360 of the Civil Procedure Code. However, an individual who has expressly waived their right to appeal cannot later initiate one.
The appeal must be filed within 30 days from the date the judgment is pronounced, unless otherwise provided by law, according to Article 362 of the Civil Procedure Code. The appeal is submitted in writing to the court that issued the challenged decision, accompanied by the payment of the applicable court fees, according to Article 364 of the Civil Procedure Code. Any new evidence that was not presented in the first instance must be submitted with copies for all participants and the appellate court, with translations of foreign-language documents duly certified.
According to Articles 387-388 of the Civil Procedure Code, a first-instance decision may be overturned or modified if:
• Relevant circumstances were not fully established or analyzed;
• The court’s findings contradict the factual circumstances of the case;
• The decision was based on insufficient or unreliable evidence;
• There were errors in the application of substantive or procedural law.
The incorrect application of substantive law includes failing to apply the correct legal provision, applying an incorrect law, or misinterpreting the law. Procedural errors that lead to annulment include an illegally constituted court panel, failure to notify a party about the hearing, violations of language rules, or ruling on the rights of uninvolved persons, according to Article 388 of the Civil Procedure Code. However, a legally sound decision cannot be overturned for purely formal reasons.
Thus, the appeals process in Moldova ensures a thorough review of legal and procedural aspects, safeguarding the rights of litigants while maintaining the integrity of judicial proceedings.
9. Costs and Funding
9.1. How are legal costs determined, and what are the common practices regarding funding litigation?
Normally, the legal costs consist of state tax and legal assistance expenses, but there could be other related costs as well (e.g., for judicial expertise requested by the party). In Moldova, the institution of funding litigation is almost unknown and is, normally, not applicable for internal litigation.
9.2. Are there alternative funding options available for parties involved in litigation?
As funding litigation is not that common in Moldova, there are not that many alternatives for internal litigation, but the Moldovan law allows certain parties to be exempted from paying state fees. Also, the law allows to recovery of legal assistance expenses from the party that lost the litigation.
10. International Treaties
10.1. How do international treaties or regional agreements impact litigation in your jurisdiction?
Article 2 of the Civil Procedure Code of the Republic of Moldova establishes a clear framework for the interaction between domestic law and international law in the field of civil procedure. Essentially, this article enshrines the principle of the supremacy of international treaty provisions over domestic legislation, under certain conditions. Specifically, it stipulates that, in the event of a conflict between national civil procedural law and international treaties to which Moldova is a party, the provisions of the international treaty shall prevail, provided that the treaty does not require the adoption of additional national legislation for its implementation.
This principle ensures that Moldova’s legal system is aligned with its international obligations while maintaining the primacy of the Constitution and other fundamental national laws. Thus, the Civil Procedure Code integrates international legal standards into the domestic legal order, offering clarity and consistency in resolving legal disputes that involve international elements.