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FAMILY CODE OF THE REPUBLIC OF MOLDOVA

of October 26, 2000 No. 1316-XIV


(The last edition from 15-11-2018)
The parliament accepts this code.

Section I General provisions

Chapter 1 Family legislation

Article 1. The family legislation and other acts containing regulations of


law of domestic relations
(1) the Family legislation consists of of this Code and other regulations
adopted in cases and in the limits provided by this code.
(2) the Government has the right to adopt the regulations concerning law of
domestic relations in the cases provided by this code, other laws and presidential
decrees of the Republic of Moldova.
(3) in the presence of contradictions between this code and the international
treaties and conventions regulating the family relations signed by the Republic of
Moldova the international standards are applied.

Article 2. Basic principles of the family legislation


(1) the family and the family relations are In the Republic of Moldova under
protection of the state.
(2) Only the scrap concluded in state bodies of civil registration (further -
bodies of civil registration), involves emergence of the rights and obligations
provided by this code.
(3) Regulation of the family relations is performed according to the principles
of monogamy, voluntariness of the marriage union of the man and woman,
equality of spouses in family, rendering mutual moral and material support, storage
of conjugal fidelity, priority of education of children in family, manifestations of
care of content, education of minor and disabled family members, protection of
their rights and interests, permissions of intra family problems by mutual consent,
inadmissibility of any intervention someone in cases of family, easy access to
judicial protection of the rights and interests of family members.

Article 3. The social relations regulated by the code


This code establishes conditions and procedure for marriage, termination of
scrap and recognition by its invalid, governs the personal non-property and
property relations evolving from scrap, the related relations and adoption and also
other social relations similar to family.
Article 4. Application of the civil legislation
For the purpose of settlement of the stipulated in Article 3 personal non-
property and property relations between family members which are not regulated
by the family legislation the civil legislation in part in which it does not contradict
being of the family relations is applied.

Chapter 2 Implementation and protection of the family rights

Article 5. Equality in the family relations


(1) Persons who are married have the equal rights and perform identical duties
in the family relations, regardless of floor, race, nationality and ethnic origin, from
language, religion, political and different views, from property status and social
origin.
(2) the Family rights and obligations of persons, according to performing and
performing them, cannot be yielded to the third parties.

Article 6. Implementation of the family rights and execution of family


obligations
(1) Physical persons at discretion dispose of the rights belonging to them
following from the family relations if other is not established by this code.
(2) Implementation of the family rights and execution of family obligations
shall not violate the rights, interfere with fulfillment of duties, break freedoms and
legitimate interests of other family members and other persons.

Article 7. Protection of the family rights


(1) the Family rights are protected by the law, except as specified, when they
are performed in contradiction with their appointment or with legal
predusmotreniye.
(2) the Family rights are protected by competent authorities of public
management, and in certain cases mediators and degrees of jurisdiction.
(3) Methods of protection of the family rights are established by this code,
other laws and regulations.
(4) In case of any family fight or dispute which constitutes or can constitute
danger to physical and intellectual development of the child or which does harm or
infringes upon its legitimate interests the body of guardianship recommends to the
family members who are in the conflict or dispute to resolve him within mediation
process.

Article 8. Use of limitation period


(1) On the requirements following from the family relations, limitation period
does not extend, except as specified, when term for protection of the violated right
is specially provided by this code.
(2) By consideration of requirements which follow from the family relations
degrees of jurisdiction apply the regulations regulating limitation period according
to the rules provided by the relevant articles of the Civil code.

Section II Marriage

Chapter 3 of the Condition and procedure for marriage

Article 9. Marriage
(1) Braque consists in bodies of civil registration, and also in other
representatives the law bodies.
(2) the Legal rights and obligations of spouses arise from the date of
registration of scrap in bodies of civil registration.

Article 10. Declaration of accession to scrap


(1) the Declaration of accession to scrap is submitted personally by persons
wishing to get married, to bodies of civil registration at the place of residence of
one of them or their parents.
(Future spouses shall specify 2) In the declaration of accession to scrap for lack
of the obstacles provided by the law for marriage.
(3) Filing of application about marriage and registration of scrap are made
according to the procedure, established for state registration of acts of civil status.

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