Moldova Advocate Qualification Exam cheat sheet

The Constitution of 29 July 1994 is the supreme law; Article 4 enshrines constitutional supremacy, and Article 7 states that any norm contrary to the Constitution is void.

Hierarchy of sources: Constitution → constitutional laws and organic laws → ordinary laws → governmental decisions → acts of local public authorities; international treaties ratified by Moldova form part of the internal legal order (Article 8), and a treaty conflicting with the Constitution requires constitutional revision first.

Organic laws (Article 72) regulate the electoral system, the organisation of courts, the status of judges, the Bar, the Government, local autonomy, and the main branches of law; they require a majority of elected MPs, while ordinary laws require a simple majority.

The Constitutional Court (Articles 134-140) has 6 judges appointed for 6-year terms (2 by Parliament, 2 by the President, 2 by the Superior Council of Magistracy); it exercises a posteriori review, resolves conflicts of competence, and validates referendum and election results.

Individual access to the Constitutional Court is limited: a citizen may lodge an exception of unconstitutionality only through a court, which must refer the matter to the Court; the Ombudsman and MPs may also refer.

The President is elected by direct universal vote for 4 years; where no candidate obtains a majority, a runoff is held between the top two. The President may dissolve Parliament only after two failed investiture votes or a 3-month legislative deadlock.

Fundamental rights may be restricted only by organic law, for a legitimate aim, in a proportionate manner, without affecting the substance of the right (Article 54); Article 20 guarantees free access to justice and Article 24 the presumption of innocence.

Parliament consists of 101 MPs elected for 4-year terms by proportional representation; a parliamentary majority of 51 votes is required to invest the Government.

Moldova is a unitary, indivisible state (Article 1); the special autonomy status of Gagauzia and the Transnistrian region is regulated by organic laws, not by federalism.

Full legal capacity arises at 18; limited capacity from 14 to 18 allows a minor to conclude transactions with the written consent of the legal representative, and minors under 14 act only through their representatives.

The Civil Code (Law 1107/2002) is the core source; it recognises the presumption of good faith, freedom of contract, and the binding force of agreements (pacta sunt servanda).

Real rights include ownership, usufruct, servitude, superficie, and possession; ownership of immovable property is acquired by registration in the Real Estate Register, while movable property passes by delivery or agreement.

Prescription of the right to sue (prescriptia extinctiva) is generally 3 years; 10 years applies to certain claims, and the limitation period restarts upon acknowledgement of the debt or interruption by a claim.

A contract is valid if the parties have capacity, consent is free of error, fraud, violence, or lesion, the object is lawful and determinate, and the form required by law is respected; lesion may be invoked where the price is grossly disproportionate.

Obligations are extinguished by performance, set-off, novation, remission of debt, impossibility, or merger; damages include actual loss (damnum emergens) and lost profit (lucrum cessans).

Succession: legal heirs are ranked in classes (children and spouse; parents and siblings; grandparents; other relatives); a forced heir (children, spouse, dependent parents) is entitled to at least half of the share that would have passed on intestacy.

Wills may be holographic, authentic, or privileged (military, maritime, hospital); a will may be revoked at any time by a later will or by destruction, and the testator's capacity is assessed at the moment of signing.

Possession in good faith of an immovable for 15 years (or 5 years for movable property) may lead to acquisitive prescription (uzucapiune), subject to conditions in the Civil Code.

The Civil Procedure Code (Law 225/2003) governs; the claimant files at the defendant's domicile (actor sequitur forum rei), with exceptions for immovable property (forum rei sitae) and consumer claims.

The statement of claim must state the court, parties, factual and legal grounds, the claim, and the value of the action, and attach evidence and proof of payment of the state fee; the court may order rectification of defects within a set period.

The state fee (taxa de stat) is calculated as a percentage of the claim value under the Tax Code; certain claims (labour, alimony, some tort claims) are exempt.

First-instance courts: district courts (judecatorii) for most civil claims, and courts of appeal hear appeals; the Supreme Court of Justice exercises cassation review on points of law.

Time limits: 30 days to appeal a first-instance judgment and 30 days to lodge a cassation appeal, running from notification of the reasoned judgment.

Interlocutory relief (masuri de asigurare) may be granted upon a reasoned request where non-granting would frustrate enforcement; the claimant may be required to provide security.

Judgments become enforceable when final; provisional enforcement is possible for alimony, labour claims, and other cases listed by law.

Parties bear the burden of proof (onus probandi); the court may order expert examination, witness testimony, documents, and judicial inspection, and may apply procedural fines for non-compliance.

The Criminal Code (Law 985/2002) applies the principle of legality (nullum crimen sine lege) and forbids analogy; it applies territorially to offences committed on Moldovan territory and by Moldovan nationals abroad under conditions of dual criminality.

A crime requires actus reus, guilt (intent or negligence), unlawfulness, and imputability; intent is direct or indirect, and negligence is self-confidence or carelessness.

Criminal liability begins at 16; for enumerated serious offences (murder, rape, robbery, theft, hooliganism) it begins at 14.

Penalties include fines, community service, imprisonment, and life imprisonment; imprisonment for a term generally ranges from 6 months to 20 years, with 25 years for cumulative sentences and 30 years for certain aggravated offences.

Cumulation of offences (concurs) and recidivism raise the maximum; the final sentence may not exceed the maximum of the most serious offence by more than half.

Criminal liability may be excluded by self-defence, necessity, detention of an offender, physical or moral coercion, and error; voluntary abandonment of the offence before completion excludes liability for the attempted crime.

Limitation periods for criminal liability depend on the maximum penalty (e.g., 2, 5, 10, 15, 20 years) and are suspended if the person evades justice; amnesty and pardon extinguish or reduce liability.

Aggravating circumstances include commission by a group, with cruelty, motivated by hate, against a minor, or by an official using his position; mitigating circumstances include confession, remorse, and reparation of harm.

The Criminal Procedure Code (Law 122/2003) governs; the presumption of innocence (Article 24 of the Constitution) places the burden of proof on the prosecution.

Criminal prosecution is initiated by a decision of the prosecutor (or criminal investigation body), and the suspect must be informed of the charges and his rights; the suspect has the right to a lawyer from the first interrogation.

Preventive measures include arrest, house arrest, bail, judicial supervision, and personal guarantee; arrest requires a court warrant, and the maximum duration of pre-trial detention is 12 months (extendable in exceptional cases).

Detention of a suspect without a court order may not exceed 72 hours; the court must rule on the preventive measure within that period.

Evidence obtained unlawfully is inadmissible; the defence may request exclusion, and the court decides on admissibility.

The trial is adversarial; the prosecutor presents the case, the defence cross-examines, and the court may not assume the prosecution's role.

Appeal within 15 days and cassation appeal within 30 days of the reasoned judgment; the Supreme Court of Justice reviews points of law and may quash or remit.

Special procedures include plea bargaining (acord de recunoastere a vinovatiei), simplified proceedings for minor offences, and proceedings for minors with mandatory participation of a pedagogue and defence counsel.

The Administrative Code (Law 116/2017) unified administrative procedure and administrative litigation; it applies to public authorities, their officials, and private bodies exercising public powers.

An administrative act must be issued by a competent authority, in the required form, with a statement of reasons, and within statutory time limits; a failure to give reasons is a ground for annulment.

Prior complaint (contestatie prealabila) is generally optional or required depending on the act; the authority must decide within 30 days, and silence may be treated as refusal.

Judicial review is available before the administrative court (section of the district court or the Chisinau Court of Appeal for certain acts); the limitation period is generally 30 days from notification of the act.

Grounds for annulment: lack of competence, procedural violation, error of law, abuse of power, and failure to state reasons; the court may annul, order the authority to act, or award damages.

Administrative contracts (public procurement, concessions) are subject to the Administrative Code and to specific laws; disputes are heard by administrative courts.

Administrative liability: disciplinary, contraventional, and civil liability of officials; the state may be liable for damage caused by unlawful administrative acts (Article 53 of the Constitution).

The Administrative Code distinguishes individual acts from normative acts; normative acts may be challenged by any affected person and by the Ombudsman before the administrative court.

The Labour Code (Law 154/2003) governs individual and collective labour relations; an employment contract must be in writing and registered with the employer, and the probation period may not exceed 3 months (6 months for managers).

Normal working time is 40 hours per week; overtime is limited to 120 hours per year, and night work entitles the employee to a supplement of at least 20% of the base rate.

Annual paid leave is at least 28 calendar days; certain categories (minors, teachers, disabled persons) receive extended leave.

Dismissal is permitted on grounds listed in the Labour Code (redundancy, misconduct, incapacity, etc.); dismissal for redundancy requires notice of at least 2 months and severance pay.

The employee may resign with 14 days' notice (or without notice in cases of employer breach); the employer may terminate for disciplinary misconduct after a written explanation is requested.

Maternity leave is 126 calendar days (70 before and 56 after birth), and parental leave until the child reaches 3 years is available with a state allowance.

Social security: contributions to the National Social Insurance House finance pensions, sickness benefits, and maternity benefits; the retirement age is being gradually raised (currently 63 for men and 61 for women, with planned equalisation).

Labour disputes are heard by specialised labour courts or general courts; collective disputes are resolved by conciliation commissions and, failing that, by arbitration or strike under the Labour Code.

The Family Code (Law 1316/2000) governs marriage, divorce, filiation, adoption, guardianship, and maintenance; marriage requires mutual consent and the minimum age of 18 (16 with court authorisation in exceptional cases).

Marriage is registered by the civil registry (starea civila); religious marriage has no legal effect unless registered.

Divorce by mutual consent is registered by the civil registry; contested divorce is decided by the court, which also rules on custody, maintenance, and division of property.

Property acquired during marriage is presumed community property; property acquired before marriage or by gift/inheritance remains separate, and the division may be adjusted by the court in the interest of minor children.

Parents have equal rights and duties; custody is decided in the best interests of the child, and the child's opinion is considered from age 10.

Maintenance for a minor child is set by the court as a share of income (1/4 for one child, 1/3 for two, 1/2 for three or more) or as a fixed amount.

Adoption requires the consent of the parents (or the court's decision where consent is unavailable), the adopter must be at least 18 and 16 years older than the child, and adoption is approved by the court.

Guardianship and curatorship are established by the guardianship authority (local public administration) for minors without parental care and for incapacitated adults.

Business forms: sole proprietorship (intreprindere individuala), limited liability company (SRL), joint-stock company (SA), general partnership, and cooperative; the SRL is the most common form.

The minimum share capital of an SRL is 10,000 lei and must be paid before registration or within the term set by the statute; the SA requires a minimum capital set by law (100,000 lei for a closed SA).

A company acquires legal personality upon registration in the State Register of Legal Entities (ASP); registration is made within 3 working days under the Law on State Registration.

Governing bodies of an SRL: the general meeting of associates, the administrator (or director), and, where provided, the audit commission; decisions on major matters require a qualified majority.

Insolvency is governed by the Insolvency Law (Law 149/2014); proceedings may be initiated by the debtor or a creditor, and the court appoints an insolvency administrator.

Competition is regulated by the Competition Council under the Competition Law (Law 183/2012); anti-competitive agreements, abuse of dominance, and concentrations above thresholds require notification.

Consumer protection is governed by Law 105/2003; consumers may invoke mandatory rights, and the Agency for Consumer Protection supervises compliance.

Commercial contracts are subject to the Civil Code and to special laws (supply, lease, procurement); the limitation period for commercial claims is generally 3 years.

The legal profession is regulated by the Law on the Bar (Law 1260/2002) and the Statute of the Legal Profession; the Bar of Moldova (Uniunea Avocatilor) is the self-governing body.

To become an advocate, a candidate must hold a law degree, complete a training course at the National Institute of Justice or an equivalent programme, pass the qualification exam, and take the oath.

Advocates are entered in the Register of Advocates and may practise individually, in a law office, or in a bar association; they must maintain professional secrecy.

Ethical duties include independence, confidentiality, loyalty to the client, avoidance of conflicts of interest, and refusal of cases where the advocate has a personal interest.

The advocate may not represent both parties in the same case, may not use information obtained from a former client against him, and may not advertise in a misleading manner.

Disciplinary liability is triggered by breach of the law, the Statute, or the Code of Ethics; sanctions range from warning to reprimand, fine, suspension, and exclusion from the profession.

Disciplinary proceedings are conducted by the Disciplinary Commission of the Bar; the advocate has the right to be heard, to be represented, and to appeal the decision to the court.

Advocates are entitled to fees agreed with the client (honorarium), and legal aid is provided at the state's expense in cases provided by law (criminal defence, certain civil matters).

The advocate's professional secrecy covers all information received in the course of the mandate, and disclosure is permitted only with the client's consent or where required by law to prevent a serious crime.