ACI Partners: Legal Flash no. 17

ACI Partners: Legal Flash no. 17

• 07.11.2016

The Civil Code of the Republic of Moldova

The Civil code was amended to add new provisions defining a consumer as any natural person who enters into civil legal acts predominantly for purposes not related to entrepreneurial activity or profession. The natural person does not have the statute of a consumer if the other party to the civil legal act is not a professional. Amendment defines the quality of a professional– a natural person or a public or private legal entity acting for purposes relating to business activities, even if the person does not intend to make a profit from this activity.

New provisions also set the rules for the contract of periodical accommodation as the contract under which a professional is obliged to give the consumer the right to use a dwelling or other accommodation overnight on a regular basis, within a period exceeding 12 months and consumer undertakes to pay a total price.

Long-term contract, which exceeds 12 months will require the professional to grant discounts or other benefits on accommodation. Additionally the law regulates the right of the consumer to revoke contracts for some holiday products by notifying the professional without justification of the decision of revocation within 14 days from the date of conclusion of the contract or pre-contract or from the date when consumer receives a copy of the contract or pre-contract.

The Code of Civil Procedure of the Republic of Moldova

The Code of Civil Procedure was supplemented with a new chapter that regulates the procedure of confirmation of the settlement entered into in order to prevent a civil lawsuit and issue the write of execution thereof. Thus, the request for confirmation of the settlement by which the parties prevent a civil lawsuit and issue the title for enforcement is to be made in writing by any part of the mediation process or its legal representative at the court where the defendant’s domicile or headquarters is located. The request for confirmation of the settlement will be examined with urgency, within 15 days from the submission date, without summoning the parties.

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ACI Partners

ACI Partners is a dynamically growing Moldovan law firm with an expanding network of partners throughout Europe. ACI Partners was established by separation of the legal business from Ernst & Young Moldova and as such it draws from the latter|s long-acknowledged ability to offer competent advice. ACI Partners’ business strategy is to deliver a solid and reliable service, which the clients may turn to whenever they need. To reach this goal, ACI Partners employs a personalized approach to each client, showing a genuine respect for their values and unqualified commitment to their interests and needs, steadily investing in knowledge and data management and ensuring a working environment consistent with their clients’ quality demands and high expectations.