Moldova Advocate Qualification Exam flashcards

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

Constitutional supremacy

Article 4 of the Constitution establishes that the Constitution is the supreme law; any norm contrary to it is void, and all authorities must comply with it.

Organic law

A law adopted by a majority of elected MPs on matters listed in Article 72, such as the judiciary, the Bar, the Government, and the main branches of law.

Exception of unconstitutionality

A procedural mechanism by which a party asks a court to refer a legal norm to the Constitutional Court for review; the court decides whether to refer.

Prescription of the right to sue

A period, generally three years, after which a creditor may lose the right to enforce a claim through court unless interrupted by acknowledgement or a filed action.

Forced heir share

The minimum share reserved by law to children, spouse, and dependent parents, at least half of the intestate share, which the testator cannot freely dispose of.

Acquisitive prescription

Acquisition of ownership of immovable property by good-faith possession for 15 years (5 years for movables), subject to the conditions set by the Civil Code.

State fee

A mandatory court charge calculated as a percentage of the claim value under the Tax Code, with statutory exemptions for certain labour, alimony, and tort claims.

Interlocutory relief

A provisional court measure granted upon a reasoned request to prevent frustration of enforcement, sometimes subject to the claimant providing security.

Appeal time limit

A party may appeal a first-instance civil judgment within 30 days from notification of the reasoned judgment, and lodge a cassation appeal within 30 days.

Legality principle

The rule that no act is a crime and no penalty may be imposed unless provided by law at the time of commission; analogy is prohibited.

Age of criminal liability

Criminal liability begins at 16; for enumerated serious offences such as murder, rape, robbery, and theft, it begins at 14.

Self-defence

A circumstance excluding criminal liability where a person uses proportionate force to repel an unlawful attack against life, health, or property.

Presumption of innocence

Article 24 of the Constitution guarantees that a person is presumed innocent until a final conviction, and the burden of proof lies with the prosecution.

Pre-trial detention

A preventive measure ordered by a court warrant; its maximum duration is 12 months, extendable only in exceptional cases provided by law.

Plea bargaining

An agreement between the prosecutor and the defendant on guilt and sentence, subject to court approval, used to simplify proceedings in certain cases.

Administrative act

A unilateral decision of a public authority exercising public powers, which must be issued by a competent body, reasoned, and within statutory time limits.

Prior complaint

A request to the issuing authority to reconsider an administrative act before judicial review; the authority must decide within 30 days.

Annulment grounds

Reasons for quashing an administrative act, including lack of competence, procedural violation, error of law, abuse of power, and failure to state reasons.

Probation period

A trial period in an employment contract, not exceeding three months (six for managers), during which either party may terminate with notice.

Annual paid leave

The minimum statutory rest period of 28 calendar days per year, with extended leave for minors, teachers, and certain other categories.

Maternity leave

A leave of 126 calendar days, 70 before and 56 after birth, accompanied by a social insurance allowance financed by contributions.

Community property

Property acquired during marriage is presumed jointly owned by the spouses; separate property includes premarital assets and gifts or inheritances.

Child maintenance

A court-ordered payment set as a share of income (one quarter for one child, one third for two, one half for three or more) or as a fixed sum.

Adoption

A court-approved legal relationship creating parent-child ties; the adopter must be at least 18 and 16 years older than the child.

Limited liability company

A business form with a minimum share capital of 10,000 lei, legal personality upon registration, and liability of associates limited to their contributions.

State Register of Legal Entities

The public register where companies acquire legal personality; registration is completed within three working days under the registration law.

Insolvency proceedings

Court-supervised proceedings under Law 149/2014 initiated by a debtor or creditor, with an appointed administrator, to satisfy creditors from the debtor's assets.

Advocate qualification exam

A required examination for entry to the Bar, following a law degree and training at the National Institute of Justice or an equivalent programme.

Professional secrecy

The advocate's duty to keep confidential all information received in the mandate, disclosable only with client consent or where law requires.

Conflict of interest

A situation where the advocate's personal or other client's interests impair loyalty; the advocate must decline or withdraw from the mandate.

Disciplinary sanctions

Measures imposed by the Bar's Disciplinary Commission for breaches of law or ethics, ranging from warning and reprimand to fine, suspension, and exclusion.

Legal aid

State-funded legal assistance provided in cases set by law, such as criminal defence and certain civil matters, through the Bar and territorial offices.