Moldova Bar Traineeship Admission Exam flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Full legal capacity

In Moldova, full legal capacity (capacitate deplină de exercițiu) is acquired at age 18. A minor who marries acquires full capacity upon marriage, and a court may grant emancipation at 16 for good reasons.

Usucapion (prescription)

A mode of acquiring ownership by continuous, peaceful, public, and unambiguous possession as owner. For movable property: 10 years. For immovable property: 10 years with good faith and just title, otherwise 20 years.

Prescription of action

The limitation period for bringing a civil action. Generally 3 years; 10 years for immovable property actions; 3 years for periodic payments. It runs from when the injured party knew or should have known of the damage and tortfeasor.

Contract validity conditions

A valid contract requires mutual assent, capacity of parties, a determinate object, and a lawful and moral cause. Absence of cause or unlawful cause renders the contract void.

Transfer of immovable property

Ownership of immovable property is transferred by registration in the Real Estate Register (cadastru). For movable property, transfer occurs upon delivery unless the parties agree otherwise.

General territorial jurisdiction

In civil procedure, the defendant's domicile determines general territorial jurisdiction. Exceptions include consumer claims (consumer's domicile), immovable property claims (location of property), and succession claims (last domicile of deceased).

Court fee (taxa de timbru)

The court fee must be paid at filing. If not paid, the court grants a deadline; failure to pay leads to annulment of the application.

Appeal deadline civil

In civil procedure, an appeal (apel) against a first-instance judgment must be filed within 15 days. A cassation appeal (recurs) against an appellate decision must be filed within 30 days.

Interim measures

Provisional measures ordered by the court before judgment to prevent irreparable harm, upon payment of a bond. They may be modified or revoked if circumstances change.

Age of criminal responsibility

In Moldova, criminal responsibility begins at age 14 for serious crimes and at age 16 for other crimes. Minors benefit from special provisions and reduced penalties.

Justifiable defense

A defense that removes criminality if it is proportionate to the attack. Excess of defense may mitigate liability. It must be necessary to repel an imminent unlawful attack.

Criminal attempt

An attempt (tentativa) is punishable for most crimes. The penalty is reduced by one quarter to one half compared to the completed crime.

Statute of limitations criminal

The period after which criminal liability cannot be imposed: 15 years for crimes punishable by life imprisonment; 10 years for crimes punishable by more than 10 years; 5 years for up to 10 years; 3 years for lesser crimes.

Preventive arrest duration

In criminal procedure, preventive arrest may be ordered by the court for up to 30 days, extendable up to 180 days in serious cases. Detention (reținere) is up to 72 hours.

Exclusion of evidence

Evidence obtained illegally is excluded. The court may exclude evidence obtained through torture, inhuman treatment, or violation of fundamental rights.

Criminal appeal deadline

An appeal (apel) against a first-instance criminal judgment must be filed within 15 days. A cassation appeal (recurs) against an appellate decision must be filed within 30 days.

Contravention definition

A contravention is an unlawful act with lesser social danger than a crime, punishable by a contraventional sanction. The Contravention Code lists specific offenses.

Contraventional sanctions

Sanctions include warning (avertisment), fine (amendă), and, where provided, community service or confiscation. Fines have maximum limits set by law.

Contravention appeal deadline

An appeal against a contraventional sanction decision must be filed within 15 days from communication. The court may annul, reduce, or uphold the sanction.

Constitutional Court composition

The Constitutional Court consists of 6 judges: 2 appointed by Parliament, 2 by the President, and 2 by the Superior Council of Magistracy. Term is 6 years, non-renewable.

Restriction of fundamental rights

Fundamental rights may be restricted only by law, for a legitimate aim, and proportionally. Certain rights (right to life, prohibition of torture) are absolute and cannot be restricted.

Right to fair trial

The right to a fair trial (art. 6 ECHR) includes access to court, equality of arms, adversarial proceedings, and a public hearing within a reasonable time.

Administrative act challenge

An administrative act may be challenged before the administrative court within 30 days from communication, unless a special law provides otherwise. A prior complaint may be required.

Prior administrative complaint

A person may file a prior complaint (plângere prealabilă) with the issuing authority within 30 days. The authority must respond within 30 days. It is a prerequisite for court action in many cases.

Probation period

In an individual employment contract, the probation period may not exceed 3 months for ordinary employees and 6 months for management positions.

Annual paid leave

Annual paid leave is at least 28 calendar days. Certain categories (teachers, minors) have longer leave. Leave must be granted each year.

Dismissal challenge deadline

An employee may challenge dismissal in court within 30 days. Dismissal is allowed only for legal grounds (redundancy, misconduct, unfitness) and with written notice.

Child support calculation

Child support is calculated as a share of the parent's income: 1/4 for one child, 1/3 for two children, 1/2 for three or more, but not less than a minimum amount.

Reserved portion succession

Forced heirs (children, spouse, parents) are entitled to a reserved portion (rezerva succesorală) of at least 1/2 of the estate. A will cannot deprive them of this share.

SRL minimum capital

A limited liability company (SRL) requires a minimum capital of 10,000 MDL. A joint-stock company (SA) requires 100,000 MDL. Capital must be paid before registration or within a set period.

Partner liability SRL vs SNC

Partners of an SRL are liable only up to their contribution. In a general partnership (SNC), partners are jointly and severally liable for the company's debts.

Advocate professional secrecy

Advocates must maintain professional secrecy regarding all information received in the course of their work. This duty is unlimited in time and protects clients' confidences.