Law on Property

LAW ABOUT THE PROPERTY Chapter I GENERAL PROVISIONS Article I. The property rights in the Republic of Moldova The right to property in the Republic of Moldova is protected and approved by law. The owner has the right to poses the goods, to use and administer them. The possession of the goods consists of effectively holding the goods, the use of the goods consists of using the applicable qualities of these goods. and the administration consists in determining the destination of the goods. The owner has the right to undertake any kind of activities regarding its goods except if it is unlawful and is harmful for the people's health and for the environment. Article 2. Types of Property There are three types of Property in the Republic of Moldova: private. collective, including colhoses, and state. It is not permitted for the state to establish, in any form, certain restrictions or privileges in exercising the rights on property regarding the type of property. Article 3. Fonns of property It is permitted the existence of different types of property in different organizational forms in the Republic of Moldova: individual. family, farm, cooperative, shareholders society, municipal state enterprises and institutions, public organizations and movements, religious organizations. mixed. including with the participation of foreign natural and juridical persons. as~ as other forms of property which are not prohibited by the law. Article 4. Legislation about the property By this present law, according to the Constitution of the Republic of Moldova, is regulated the property relations on the whole territory of the Republic of Moldova. Relations which are not stipulated in this present law are regulated by the other legislative documents of the Republic of Moldova, issued in accordance with it, and in special case stipulated in these documents - also by the decisions of the Government of the Republic of Moldova. Article 5. Subjects of the rights on property Subject of the rights on property can be any person: natural, juridical. state. as well as the bodies of the local governments. Article 6. Common (mutual) Property On the basis of the common (mutual) property the goods can belong at the same time to two or more persons while establishing their shares (divisible property) or 'without establishing their shares (collective property), regardless on the type of property. Article 7. Objects of the rights on property Objects of the rights on property can be: land, subterranean, water, vegetable and animal world, buildings, installations, equipment. subject of material and spiritual culture, money, securities and other goods as well as the products of intellectual activity. Article 8. Elements of exercising the rights on property regarding the products of intellectual activity, cultural and historical monuments. The way of exercising the rights on property regarding the products of intellectual activity, cultural and historical monuments is regulated by the Legislation of the Republic of Moldova. Article 9. The origin of the rights on property The rights on property appears on the basis of producing or acquiring of goods as a result of a trapSactio(!. inherited, or when restoring the property rights, or other ways which are not contrary to the Legislation of the Republic of Moldova. The production and the incomes received while using the goods belong to the owner of these goods, with the exception that the legal documents or contracts do not stipulate different regulation. The production and the income received by the tenant while using the leased goods is the property of the tenant. Article 10. Contract between the owner and the citizens regarding the use of their work The owner has the right. according to the conditions and in the limits stipulated by the legislative documents of the Republic of Moldova, to conclude contracts with the citizens regarding the use of their work in the framework of exercising its rights on property. Regardless of the type and form of property on the basis of which is used the work of the citizen, the citizen must be provided with remuneration, working conditions, as well as the other social and economic insurances stipulated by the legislation in force of the Republic ofMoldova Article 11. Recording the property of the owner and its responsibility According to the obligations of the juridical person any kind of property which belongs to the juridical person having the property rights or the rights for its administration can be recorded. The owner is not responsible for the obligation of the juridical person created by him, in its turn the juridical person is not responsible for the obligations of the owner, with the exception of the cases stipulated by the legislation ofthe republic ofMoldova. Natural persons are responsible for their obligations regarding the goods which belong to them with the rights on property in the way stipulated by the legislation of the Republic ofMoldova. The list of the goods of the natural persons, which are not subject for penalties, according to the objections of the creditors, is stipulated by the legislation of the Republic of Moldova. Chapter II PRIVATE PROPERTY Article 12. The right on private property Private property are the goods, as well as the production of the intellectual activity which belong to the citizen as a natural person with the right for possession, use ad administration. Article 13. Objects of the right on private property Private property can be considered: land plots, plantations, living houses, transport means, financial resources, shares and other securities, house utilities and personal utilities, products of intellectual activity, productional means to perform the economic activity, the production and the income received as well as other productional and consumption goods. The way, conditions and terms of how the land plots should be passed in the property of the citizens are stip'lilatec(by the Land Code of the Republic of Moldova and other legislation documents of the Republic of Moldova. The member, of the cooperative for housing, for house construction, for garage construction and of the other cooperatives who had contributed integrally the participation fee for the housing, for the garage, or for another construction or space which was given for use, gets the right on property for these goods. The person, who rents dwelling from the state or public fund, and its family members have the right to redeem from the owner the respective dwelling or house. The way and terms ofacquiring the property rights by a member of a dwelling cooperative. house construction, garage construction and other cooperatives, and by the tenant of the dwelling from the state or public fund. as well as the possession of the right on property is regulated by the legislation of the Republic of Moldova. Article 14. Restriction upon the goods which can be in private property The legislative documents of the Republic of Moldova stipulate the types of goods which can be in private property or can be purchased only in terms stipulated by legislation. Article 15. Origin of the private property The private property is created and develops on the basis of the incomes received from the entrepreneurial activity, on the basis of remunerated work and of the incomes received from means invested in banking institutions, shares and other securities, on the basis of inheriting goods or other legal methods. The right to pass through inheritances and the inheritances of the private property is provided by the law. Article 16. Exercising the right on private property The natural person possesses, uses and administers the goods independently in order to satisfy his personal needs, for the economic activity, including the entrepreneurial activity (in the form of a private enterprise, farm, etc.), also for different purposes which are not contrary to the law. Article 17. Farm property The farm can have in its property land plots, crops on these land plots, productive and working cattle, poultry, agricultural machinery and equipment, transport means, small enterprises as well as other goods necessary for the independent agricultural production, processing and marketing the products. The farm goods belong to the individual owner or to all members of the family with the right of common collective property or common divisible property according to the contract they have concluded. The natural person who holds a farm on the land which was given in possession with the right to inherit it for the period of the life can pass the right of possession of the land plot or can give it for provisional usage, according to the conditions and terms stipulated by the legislative documents of the Republic ofMoldova, to one of the members of its family, which holds the farm together with the family, in case if such one is missing - to other persons. Article 18. Juridical Regime of the auxilia!1' personal farm The provisions ofthe article 17 are also true for the auxiliary personal farm Article 19. The property of the married 'FIle goods obtained during the marriage belong to the married with the right on collective property or right on separate property if such is legalized in the way established by the legislation of the Republic of Moldova. The way of emerging, performing and liquidating the right on the collective or separate property ofthe married is established by the Marriage and Family Code of the Republic ofMoldova. Chapterm COLLECTIVE PROPERTY Article 20. The right on collective property In order to perform economic activity or other kind of activity, natural and juridical persons unite their ownership, with the right ofcommon property, thus forming a collective with the rights of a juridical person. The possession, usage and administration of the goods from the collective property is performed on the basis of an agreement among the owners, in cases of divergences - by the judicial body. arbitration or arbitrator on the basis of the action of each owner. Any kinds of goods can be in collective property as well as products of intellectual activity, if the legislation documents ofthe Republic ofMoldova don't provide anything else. Article 21. Forms of Collective Property From the collective property take part the property of the leasing companies, collective enterprises, cooperatives, shareholders society, economic companies, economic unions (associations, concerns, consortiums), public organizations and movements, religious organizations. Article 22. Creation of the collective property The creation and development of the collective property is assured through renting the state property, and offering the possibility for the workers collectives to use their incomes to redeem the state goods, thus transforming state enterprises in shareholders society, as well as through voluntary association of the natural and juridical person's goods to create cooperatives, ~bareholders society, other economic societies. Article 23. Property of the Leasin~ Company Property of the leasing company is considered thc manufactured products, incomes rCCCI\ cd and goods purchased on the basis of the company's means. In the constituent documents of the leasing company IS stipulated thc amount of the contribution for each member of the collective for the creation of this goods taking pan personally at the working process. as well as the money and other kinds of contributions The \\a:- and terms of participating the members of the leasing company's collective in the administration and drstnbutions of the benefits (incomes) arc established by the tenant according to the legislation of the Republic of Moldova. Article 24. The property of the collective enterprise, The property of the collective enterprises appears in thc cases of transmission all of the states goods in the property of the workers collective. redeeming the rented goods or purchasing other goods using other methods provided by the law, The goods of the collective enterprise, including the production and the Incomes received. are co~ercctlhe common ownership of its collective. The share of each worker is established in the property of the collective cnrcrpnse. These shares include the amount contributed by the workers to the rented or state aoods on the basis of \\ hich was established the collective enterprise. as well as the contribution of the worker- to increase the ownership of the enterprise after its creation, The amount of the contribution of the workers to increase the OIl ncrslup IS established on Ihe basis of his participation in the activity of the enterprise For the share of the worker of the enterprise is calculated and paid the dl\ idcnds. the .unouru of which are established by the working collective, based on the results of ceo II 0 III I\.: acnvitv of the cntcrpnsc The workers who stopped the working relations and to the successor of the worker ill case 01 Ills death. is paid the cost of the share in the way established b:- the coustuucm documents In case of liquidation ofthc collective enterprise, the cost of the share \' paid 10 the workers uhcr: successors) from the goods left after settling the accounts \\ nh the budget b.mk-. and other crcduor- of the enterprise, Article 25. Cooperative Property The cooperative goods are formed on the baSIS ofthe 111011.:\ ~-:: .,111ICC' .md other patrunomal shares of its members, credits. obtained production. incomes reel";' cd a~ ;t [(;'1111 0! Ihe product'> market IIn~ and other activities stipulated in the statutes of the coopcrauv C In case of the cooperative liquidation the goods left after sculinu lk :lC,:t'llllh wuh the buduct banks. and other creditors is distributed among the coopcratix c mcmbcr-, Article 26. Property of the Shareholders S(lciCI~ The shareholders society is the owner of the goods created as :1 iC"'I!!: "f hare ...cllmu. a<, well .1', from its economic activity or other ways permitted b:- the IcgISI.l\IOll or the: Rcpubh of vloldov a The shareholders can be natural and juridical persons The way of constituting the shareholders socictv . jundical "t:lIU1C and the plIIklpal<, of 1\<; aCII\ It: are established by the legislative documents of the Republic of vloldov.: Article 27. Property of the Economic Society The property of the economic society. including that or a companv \11111 hnurcd responsibility. \<., considered the shares comributcd by the participants, goods obtained as :l result of liS economic acuv11\ and goods purchased according to the legislation of the Republic of Moldova As a contributed share of the member of the economic society IS accepted fixed and working capital. financial resources and securities. as well as the right to usc goods Members of thc economic society can be natural persons. institutions. cntcrpnscs and organizations. Article 28. Property of the Economic linion The economic union of the enterprises and organizations (association. concern. consornum ctc.) has the right of property upon the goods \\ hich were voluntary passed to it b~ its members providing them. the rights of a juridical person. as well as the right s upon the goods obtained as a result of ib economic acti\'it~ The economic union does not havc thc right of property upon the goods of the cntcrpnscs and organizations which arc part of it. . The goods left after ceasing the acu. it~ of the economic union arc divided. according to thc statutes. among the enterprises and organization \\ hich were part of this economic union. ArtiEe 29 Property of the Public organizations and !\1o\Cmcnt Public organizations and movcmcnts. including charity funds and other public funds. can have III their property buildings, installations. dwclhng fund. machinery. equipment. financial resources. shares. other securities and other goods necessary to assure the activities stipulated in their stauucs (!!eueral provisions I Publtc organizations and 1110\ cmcnts can also have in their property thc enterprises created for thc purposes stipulated in their stauucs (general provisions) from the means of these public orc.uuv.uions and movcrncnts After the liquidation of the pubhc orgaruzauon or mov cmcnt the goods left arc used !~)r the purposes stipulated in their statutes (general provisions) Article 30. Property of the religious organizations Property of the religious organizauons can be: buildings. construcuons transport Uk'.II1' dllt objects. productional objects. objects \\ ith social and charity dcsnnat ion. IinancraI resources.. ind other goods necessary 10 assure their activitv. hut III the property of the monasteries can be land plots Religious organizations hav c the right of property upon .!.hc goods created b~ them and pllr.:h,h<.:d from their 0\\ n resources. donations received from citizens. from public orgaru/auons. from tile -r.uc .ind other resources \\ hich are not against rhc 1;1\\ III case if the religious organizat 1011 IS liquidated the issue \)1" 1I"1fl~ fhe goods« luch \\":1 CO III 1(-.. property IS solved b~ the leadership bodies of this organizauon or b~ the rcII glOW, t.1ll..::l!l!/,!11\1ll hicrarchicallv superior. with the participation of the bodies of the local uovcnuucru The goods which were property of the religious organivations. ccasinu their ;kll\ m ,tIL transferred 10 the religious organizations \\ luch had formed them Goods given in lise by a state oruanizauon. public orgnni-auon or bv the .:111/':11" it.) IhL org.uuzauon \\ hich ceased its acuv it~ are returned to the former 0\\ lie! Financral resources and other goods which represent the propcrtv of the rcligtous oru.uu-.rnon-, can be subject for auditing. The CIIII owncrslup \\ Inch belongs to the rclicrous org:IIlIl;IlI()II~ IS 1101 "ilbtL'1.! for auditing due to reasons of religious belicvcs. Challter IV STATE PROPERTY Article 3/. The ri~ht of state property State property of the Republic of Moldova is considered the goods \\ hich belong to Ihe republic of Moldova as a state with the right of possession. usage and administration 11 is manifested In the form of state property and municipal property Article 32. Objects of the right of state property and of the municipal property State property of the Republic of Moldova is the land. subterranean. water. forests. other natural resources. goods of the bodies of the state power and state adnunistration. cultural and historical values. resources of the republican budget. state banks. insurance funds. reserve funds and other funds. goods of the state enterprises and of the national economy complexes. educational instituuons. objects from the soci6'~~ulhfal sphere and other goods which arc on the territory as well as abroad of the Republic of Moldova The republic of Moldova exercise the supreme jurisdicuon upon the air space above Its territory Municipal property IS considered the goods \\ Inch belong to the bodies exercising power and adnurustranvc bodies of the local government entity, resources of the local budget. housing fund. ruuuicipal economy and dwelling of the local administration bodv. ;J" \\ ell as the .l~ncllltllTal enterprises. commcrcral. SOCial sen'ices. transportation. industrial enterprises and complexes construcnon and other profiles. public education instuuuons. culture. health care and other objects Article 33. Exercising the right of state property The Republic of Moldoxa has the exclusive nght t~ cstabh ... h through lIS supreme Iq!lslatl\ c bodv the \\a~ of usage. possession and administration of the state propcrtv Juridical .md natural persons from other countries and state communities C3n use the objects of the state propcrtv of the Republic of \101dO\a onl~ With the permission of its respective state bodies accordure to the procedure- established n~ tile legislation of the republic of vtoldov a The possession. usage and administration of the state property 01 the Rcpuhh ... of vloldova arc excr....rscd bv rhc state through the stare enterprises. instnuuons.and '1(1"':1 "Lltc orc.uu/auous .·trtide 3-1. Goods and competence of the state enterprise, and state institutions. Goods wluch arc stall: property and arc entrusted to the ,,1;11L ~·Illcrpn.;es .ind "tale msutuuons a<; well as the ~oo<.b purchased 1.1\ ihciu as the result of their cntrcprcncunal :I..:t\\ 1\\ i:'(;\l)l\~ \0 them \\ lllt the nglIl of economic adnunistrauon The nglu of CCOIIOlllh: admuustrauou comprises the pO.,';C"1l1l1 Ih.tgC and admuustrauon olthc goods as \\ ell as of the incomes according \\ ith the procedure-.. ~·".lhl1·.hcd b\ Ihe 0\\ ncr or b\ th, authorized bodies according 10 the legislation of the Republic of'1old"\:1 Article 35. State hodies competence State bodies authonzcd 10 administer the stale good ... de.rl \\ 1\II Ihe hSll~'S of creating 11ll' cntcrpnsc or the msuturion and establishes the g031s of JlS acuv JI\. us restructuring or liquidation. performs the inspection upon the efficient lISC and intcgritj of th...· ... tate ~l)od, entrusted. and other authorization according to the lcgislauou of the Republic of ~101dO\a Bodies of the stare power and of the stale administration arc do not have an\ rcsponstbihty for the obhgauons of the subordinate enterprises and institutions. in then turn the subordinate enterprises and institutions do not havc :tn~ responsibility for the obligations of the Republic of \ loldova and bodies of I he local govcrnrncnt. Article 36. The origin and realization of the right on municipal Imlllert~ The right of municipal property appears as a result of: transferring the state goods to the bodies of the local government. according with the procedures established by the legislative documents of the Republic of Moldova. purchasing goods from the financial resources of the above mentioned bodies. as well manufacturing products by the subordinate enterprises and institutions. The way of possession. usage and adrrurustration of the municipal property IS established by the respective bodies of the local administration on the basis of the laws regarding the local administration and other laws of the Republic of Moldova. Chapter 1: PROPERTY OF THE OTHER STATES, CITIZENS .4,/\;"{) JURIDIC4J. PERS(},VS, AS ",EI.I. AS OF 111t: INTERNATIONAl. OR(iANIZA TlONS ANI) OF THE PERSONS WITHOUT CITIZENSHIP Artie/e 3 7 Propcrtj of the other states, It is permitted III the republic of Moldov a the existence of the propcnv of the other states rcxccpuon property on land). which is regulated by the legislation documents of I he Republic of Moldova and Inrcrstatcly Agreements. Article 38. Property of the citizens and juridical persons from the other states. as well as of the international organizations and of the persons without citizenship, In the Republic of Moldova is permitted the property of the citizens and Iurid J..::J1 persons from the other states. as well as of the international org.uuzauons and of the persons \\ uhout ciu/cnslup rcxccpuon property on land) The possession. usage and administration of such kind of property j .. exercised according with the legislation documents of the Republic of \ toldov a and lntcrsr.ucb .•\ urccmcnts. Articl« 39. Joint Venture property. In the Republic of Moldova can be created Joint Ventures. the '-.:0-(j\\ ncrs of \\ Inch arc the Rcpubhc of Moldova. a citizen or a juridical person oi the Republic of Moldova ,HId another state. cui/ct: or mndical person of this state. as well as an international organization or a person \\ JlIaOIlI cinvcuslup. Goods mentioned ill the first pan of the present article arc divisiblc propcrtv of its 'common 0\\ ncrv III ease if the constituent documents do not supulatc .mytlung else. The conunon 0\\ ncr-, rCCCI\ C ;111 I he nuhts provided b~ the legislation documents of the republic of Moldova Chapter !l (iullranlet!." and ProtPo<.'timr !1.thl! Prol,erfl' Right... .~ rticlc so. 'Guarantees of the equal devehrpment conditions and stahilit~ of the property rclatiens Ihc legislation of the Republic of Moldova assures for the citizens. or~:lIu/.I\IOIle, and other 0\\ ucrs equal development conditions of different Iy pes and forms of the property and their protection The Republic of ' ..loldova guarantees the durability of the property rclauous. established according with this present 1<1\\. Nobody has the right to confiscate rwuhdrav, I by force the goods of the O\\IlCr. \\1I1t the exception of the cases stipulated by the laws of the Republic of Moldova. as well as 10 ask the owner to associate the !!oods with the goods of tile other 0\\ ncr. Article -II. Protection of the property right According \\ ith the legislation of the Republic of Moldova the owner has the right compensate lis goods from an illegal foreign possession The republic of Moldova protects the rights of all subjects of the right on property from the republic regarding their goods. including their goods \\ hich arc on the tcrritorv of the other counincs The owner can ask for the liquidation of the all infringements (offences) of his rights. even If these infringements (offences) did not concerned the deprivation of his possession The rights stipulated in the first. second and third part of the present article belong also to the person who. although is not the owner. possesses the goods with the right to adnurustcr cconomicallv. lite possession \\ ith the right to inherit or on the basis of the other provisions of the 1<1\\ or agreement Tlus person has the right also to protect the possession against the owner. The protection of the property is performed bv the court, arbitration or arburators judgment Article -11. Protection of the owners interests in the case of termination of his right concerning the withdrawal (confiscation) of the land plot The tcmunauon of the right on property concerning the decision regarding the withdraw al of the land plot on \\ hich is placed the house. crops or other installations of the 0\\ ncr. or as a result of another decision of the state body \\ hich docs not effectively Imply the \\ nhdraw al of the 0\\ ncrs goods 1' permitted only in the cases and procedures established by the legislative documents of the Republic of Moldova. as well a'S with the compensation of the damages caused to the 0\\ ncr while tcrminaunu III( right on property In case If the 0\\ ncr disagree with the dccisron which has as a result the tcrminauon of the lI1!lu on property. tim decision can not be enforced until solving the disagreement bv the court. arburauou or arbitrators judgment While cxarnination of the disagreement also arc soh cd the Issues of dam.u-; compensation to thc 0\\ ncr Article -13. Withdraw al h) the state of the (1\\ ncr's gOllds in cases stipulated h) the legislation The withdrawal b~ the state of the owncrs goods is permuted onl: If an mspccuon ll.l~ kl:1l made on the baSIS of the owncrs obligations In cases and procedures supulatcd b: the: lc!!hl;ltl'lIi documents of the: republic of Moldova. as well as in the cascs-of.rcquisinon .md confiscation In cases of natural calamities. accidents. epizootic. cpidcmic-, and under other cxccpuon.it circumstances. b~ a decision of the state bodies. the goods can withdrawn I'Will the owner to the <'O~:I·..;l\ according to the procedures and conditions established bv the legislation documents of the Rcpnbh, ,·,t Moldova. covering the cost of the requisitioned ~oods (requisition) In the: cases supulatcd III some of the lcuislauon documents of the Republic of vloldova the good, can be withdraw n from the 0\\ ncr on the baSIS of the decision of the court arbnrauon or ;11101 he: competent state bodies (or of an official person l III the form of sanction- for 111:IKI n~ I nfnnucmcnts or ;:11\ other offence rconfiscauom Article -1-1. Juridical rcgutaticn for damage compensation in cases of termination of the right on Jlropen~ In case of adopung some: Icgislauon documents of the republic of Moldova \\ hich tcrnun.nc th;.: nglu on propcrtv. the damages. caused 10 the owner a., a result of adoption of the...c documents. an: compensated integrally to the 0\\ ncr on the baSIS of a decision of the court instance bv the bodies of Ihe focal administration If as a result of issuing a document \\ hich is nOI in accordance \\ ith the 1:1\\. of the slate body or body of the local administration. are offended the rights of the owner or other persons regarding the possession. usage and administration of the goods \\ hich belong to them. such a document is declared invalid on the basis of undertaking action by the 0\\ ncr or person \\ hose rights were violated Damages caused to the citizens. organizations and other persons as a result of issuing documents mentioned above. shall bc compensated intcgrallv from the available resources of the rcspccnvc slate body or body of the state administration. In case if such resources arc not available in the bodies of the state administration. the compensation of the damages is made from the republican budget