{"id":143110,"date":"2026-07-10T11:10:29","date_gmt":"2026-07-10T11:10:29","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=143110"},"modified":"2026-07-10T11:10:29","modified_gmt":"2026-07-10T11:10:29","slug":"moldova-litigation","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/moldova-litigation\/","title":{"rendered":"Moldova: Litigation"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-143110","comparative_guide","type-comparative_guide","status-publish","hentry","guides-litigation","jurisdictions-moldova"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Efrim Ro\u0219ca Asocia\u021bii<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/06\/ERA_Logo.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Efrim Ro\u0219ca Asocia\u021bii<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/06\/ERA_Logo.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Litigation laws and regulations applicable in Moldova<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main methods of resolving disputes in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The main methods of dispute resolution are:<\/p>\n<ol>\n<li><strong>Conciliation<\/strong> \u2013 a method organized by the parties themselves or facilitated by their attorneys;<\/li>\n<li><strong>Mediation<\/strong> \u2013 a method regulated by the Law on Mediation No. 137\/2015. However, on <strong>September 12, 2026<\/strong> the new Law No. 9\/2026 on mediation and the status of mediators will enter into force. The law aims to facilitate the use of mediation by introducing clearer rules, more structured procedures, and a more predictable legal framework for dispute resolution. Notably, it introduces an obligation to hold an initial mediation session in certain categories of civil disputes, although this requirement will become applicable only after a transitional period of 24 months from the publication of the law.<\/li>\n<li><strong>Court litigation<\/strong> \u2013 the traditional method conducted before state courts.<\/li>\n<li><strong>Arbitration<\/strong> \u2013 a method regulated by the Law on Arbitration and the Law on International Commercial Arbitration. The main arbitration institutions are:\n<ul>\n<li>the International Commercial Arbitration Court under the Chamber of Commerce and Industry of the Republic of Moldova;<\/li>\n<li>the International Commercial Arbitration Court under the American Chamber of Commerce.<\/li>\n<\/ul>\n<\/li>\n<\/ol>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main procedural rules governing litigation in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Code of Civil Procedure applies to general civil proceedings, while the Administrative Code governs administrative litigation proceedings. In addition, certain special laws may establish specific procedural rules applicable to particular categories of cases.. (e.g. Law No. 64\/2010 on Freedom of Expression).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the structure and organisation of local courts dealing with claims in your jurisdiction? What is the final court of appeal?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The court system in Moldova is regulated by Law No. 514\/1995 on judicial organization and composed of three main levels:<\/p>\n<ol>\n<li><strong>Fourteen courts of first instance<\/strong>. They are not formally specialised by subject matter, but judges within these courts are specialised. Cases are heard by one judge or, where required by law, by a panel of three judges.<\/li>\n<li><strong>Three Courts of Appeal (North, Centre and South)<\/strong>. They review judgments of the courts of first instance in both fact and law. Cases are generally examined by a panel of three judges.<\/li>\n<li><strong style=\"font-size: 1rem\">The<\/strong> <strong style=\"font-size: 1rem\">Supreme Court of Justice (SCJ) <\/strong><span style=\"font-size: 1rem\">serves as the court of final instance. However, in certain cases expressly provided by law, decisions rendered by the courts of appeal are final and cannot be challenged before the SCJ (for example, small claims cases involving amounts up to ten times the average monthly salary, which is MDL 17,400 in 2026). The SCJ examines cases only on points of law, on very limited grounds. Cases are heard by panels of three, five or nine judges, depending on complexity.<\/span><\/li>\n<\/ol>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How long does it typically take from commencing proceedings to get to trial in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The duration of proceedings varies depending on the complexity of the case and the court\u2019s workload. After the claim is filed, the case is assigned to a judge within 24 hours. Within about 5 days, the court issues a ruling on the admissibility of the claim, followed by a preparatory ruling setting the case for hearing.<\/p>\n<p>The first hearing is usually scheduled several months after the claim is declared admissible. However, in practice, the term depends on the judge\u2019s caseload and the time of year the claim is filed: August is affected by national holidays and judges\u2019 annual leave, while December and January are slowed by winter holidays. In addition, Moldova is currently undergoing a vetting process, which has led to a temporary reduction in the number of sitting judges.<\/p>\n<p>Certain types of disputes are examined within shorter timeframes (e.g. employment cases).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are hearings held in public and are documents filed at court available to the public in your jurisdiction? Are there any exceptions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Court hearings are generally public. However, the court may order a closed session in specific situations, provided the restriction pursues a legitimate aim, is necessary and proportionate according to ECtHR practice (e.g. trade secret or state secret protection).<\/p>\n<p>The hearing may be closed for the entire case or only for certain procedural acts.<\/p>\n<p>All judgments\/decisions are pronounced publicly, irrespective of whether the hearings were public or closed.<\/p>\n<p>Only the participants to the proceedings have access to the case files.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the relevant limitation periods in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The limitation periods are regulated by substantive law, namely Articles 391-408 of the Civil Code.<\/p>\n<p>The general limitation period applicable to civil claims is three years. However, special limitation periods apply depending on the nature of the claim (e.g. in disputes concerning real rights is ten years, in disputes concerning damage cause by violation of the right to a fair trial or to enforcement of judicial decisions within a reasonable time is 6 months).<\/p>\n<p>The Civil Code also provides for situations where the limitation period may be <strong>suspended<\/strong> (e.g. during mediation between the parties) or <strong>interrupted<\/strong> (e.g. where the debtor performs an act of acknowledgment of the debt).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the pre-action conduct requirements in your jurisdiction and what, if any, are the consequences of non-compliance?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Generally, parties are not required to comply with certain pre-action conduct obligations prior to initiating a civil judicial proceeding. However, certain pre-action conduct obligations can be imposed by <strong>special laws<\/strong> or <strong>contract.<\/strong> For instance, pre-action conduct is imposed by law in administrative litigation, labour disputes and defamation cases.<\/p>\n<p>Failure to comply with mandatory pre-action procedures results either in the return of the statement of claim at the admissibility stage or in the removal of the case from the docket once the proceedings have already commenced.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are proceedings commenced in your jurisdiction? Is service necessary and, if so, is this done by the court (or its agent) or by the parties?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Proceedings are initiated by filing a statement of claim with the court according to the conditions of articles 166 and 167 of the Civil Procedure Code. After registration, the court is responsible for serving the claim and documents to the defendant.<\/p>\n<p>The documents are served to the participants against signature in the following ways:<\/p>\n<ul>\n<li>by post with registered letter and with the notice of receipt;<\/li>\n<li>through the bailiff\u2019s office;<\/li>\n<li>at the electronic address indicated in the statement of claim\/defence or registered in the Integrated File Management Programme;<\/li>\n<li>through judicial delegation; or<\/li>\n<li>by any other means that ensures the confirmation of its receipt.<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court determine whether it has jurisdiction over a claim in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>First, in cases with foreign elements, the court determines whether Moldovan courts have jurisdiction over the dispute.<\/p>\n<p>Moldovan courts may have <strong>exclusive jurisdiction<\/strong> (e.g., disputes concerning immovable property located in Moldova), <strong>non-exclusive jurisdiction<\/strong> (e.g., where a contract is performed, wholly or partly, in Moldova), or <strong>contractual jurisdiction<\/strong> based on a choice-of-court clause agreed by the parties.<\/p>\n<p>Once it is established that Moldovan courts have jurisdiction, or where the dispute is purely domestic, the court determines the competent court within the national system.<\/p>\n<p>In general, claims are filed before the court at the defendant\u2019s domicile or registered office. However, there are cases of exclusive territorial jurisdiction (e.g., claims concerning rights over immovable property are examined by the court where is located the property) and alternative jurisdiction (e.g., claims against a legal entity may also be brought before the court where its assets are located), depending on the nature and subject matter of the dispute.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court determine which law governs the claims in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In disputes involving foreign elements, the court applies the law chosen by the parties by mutual agreement. In the absence of such choice, the court applies the conflict-of-law rules set out in Book V of the Civil Code. These rules determine which state\u2019s law governs the dispute, depending on elements such as the nature of the legal relationship, the place of performance, or the parties\u2019 connections to a particular jurisdiction<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what circumstances, if any, can claims be disposed of without a full trial in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In general, civil claims are examined through court hearings involving a full trial. However, the law provides for certain special procedures under which claims may be resolved without an oral hearing.<\/p>\n<p>For example, under the small claims procedure (applicable to claims not exceeding ten times the average monthly salary, which is MDL 17,400 in 2026), cases are generally examined in written proceedings based on the documents submitted by the parties.<\/p>\n<p>Another example is the court order procedure, under which the judge issues an order based solely on the creditor\u2019s submitted documents, without an oral hearing. A court order may be issued where the claim arises from overdue invoices, enforcement of a pledge, or credit purchase or leasing of goods, among other cases listed in Article 345 of the Civil Procedure Code.<\/p>\n<p>The categories of cases subject to special procedures are set out in Article 279 of the Civil Procedure Code.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the main types of interim remedies available in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The main interim remedies available in Moldova are regulated by Article 175 of the Civil Procedure Code. The list is not exhaustive and includes, among others:<\/p>\n<ul>\n<li>seizure of the defendant\u2019s assets or bank accounts, including assets held by third parties;<\/li>\n<li>registration of the claim in public registers in relation to the defendant\u2019s rights;<\/li>\n<li>prohibiting the defendant from performing certain acts;<\/li>\n<li>prohibiting third parties from performing certain acts concerning the subject matter of the dispute, including transferring assets to the defendant or fulfilling obligations towards them;<\/li>\n<li>suspension of the sale of seized assets where the seizure itself is challenged;<\/li>\n<li>suspension of enforcement proceedings based on an enforcement document challenged before the court.<\/li>\n<\/ul>\n<p>In addition, special laws may provide for specific interim remedies (e.g., intellectual property disputes under trademark legislation).<\/p>\n<p>The interim remedies may be requested either together with the main claim or after the proceedings have been initiated, and in certain cases even before the main action is filled, provided that the main claim is subsequently filed within the statutory time limit.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">After a claim has been commenced, what written documents must (or can) the parties submit in your jurisdiction? What is the usual timetable?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>After a claim has been commenced, the court issues a preparatory ruling by which the statement of claim and supporting documents are served on the defendant, who is granted a time limit to file a statement of defence and supporting evidence (generally within 30 days or, in some cases, until the first hearing).<\/p>\n<p>The Civil Procedure Code does not expressly require the plaintiff to respond in writing to the statement of defence. However, in practice, parties often submit additional position statements to clarify arguments and address the defendant\u2019s objections.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the rules for disclosure of documents in your jurisdiction? Are there any exceptions (e.g. on grounds of privilege, confidentiality or public interest)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In general, the parties are responsible for collecting and submitting their own evidence. Evidence is submitted during the preparatory stage of the proceedings, within the time limits set by the court.<\/p>\n<p>However, where documents are held by the opposing party or third parties and cannot be obtained independently (for example, due to bank secrecy or personal data protection rules) the court may assist in obtaining them upon request (limited disclosure). This mechanism applies only to documentary evidence and does not extend to witness testimony.<\/p>\n<p>Moldovan law recognizes legal privilege and confidentiality. For instance, attorneys cannot be compelled to disclose or testify about information obtained in the course of providing legal assistance.<\/p>\n<p>Where a person is ordered by the court to submit evidence, they must inform the court within 5 days if they are unable to do so, indicating the reasons. Failure to comply without justification may result in fines.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is witness evidence dealt with in your jurisdiction (and in particular, do witnesses give oral and\/or written evidence and what, if any, are the rules on cross-examination)? Are depositions permitted?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Moldova, a witness is a person who has no direct interest in the outcome of the case.<\/p>\n<p>The general rule is that witness testimony is given orally and directly before the court, either in person or via videoconference. The party requesting the hearing of a witness merely indicates the witness\u2019s identification details and the relevance of their testimony, in order for the court to summon them to give oral evidence.<\/p>\n<p>However, where there is a risk that the witness will not be able to testify at a later stage, evidence may be preserved prior to the initiation of proceedings through the taking of witness testimony by bailiffs, notaries, or other authorised persons, with the statements being recorded in an official minute that may subsequently be used before the court (Article 66 of Law No. 246\/2018 on notarial procedure).<\/p>\n<p>Cross-examination is allowed. Both parties and the judge may ask questions to clarify the witness\u2019s statements.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is expert evidence permitted in your jurisdiction? If so, how is it dealt with (and in particular, are experts appointed by the court or the parties, and what duties do they owe)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Expert evidence is permitted in civil proceedings in Moldova. Expert examinations are carried out by experts included in the State Register of Judicial Experts.<\/p>\n<p>As a rule, the expert or expert institution is chosen by the parties by mutual agreement and then formally appointed by the court. In the absence of agreement between the parties, the court appoints the expert or expert institution directly.<\/p>\n<p>The expert prepares a written report, which is submitted to the court before the hearing. The report is assessed together with the other evidence, and the expert may be questioned in court to clarify or supplement the findings.<\/p>\n<p>Expert examinations may be ordered upon request of a party or <em>ex officio<\/em> (the verification of the authenticity of documents Article 140(4) of the Civil Procedure Code).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can final and interim decisions be appealed in your jurisdiction? If so, to which court(s) and within what timescale?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><strong>Final decisions<\/strong> can be appealed in Moldova. The system is structured mainly on two levels of review: appeal and recourse (cassation). In Moldova, the court issues a single final judgment\/decision on the merits of the case, there being no concept of preliminary decisions on the merits.<\/p>\n<p>An <strong>appeal<\/strong> is lodged with the competent Court of Appeal and is filed in two stages. First, an unreasoned appeal must be submitted within 30 days from the communication of the operative part of the judgment. Subsequently, a reasoned appeal is filed after receipt of the reasoned judgment of the first-instance court, within the time limit set by the Court of Appeal through a ruling communicated to the parties.<\/p>\n<p>The appeal may be declared on grounds of fact and law.<\/p>\n<p>A <strong>recourse<\/strong> is lodged with the SCJ within two months from the date of communication of the Court of Appeal\u2019s decision. It is limited to specific legal grounds, such as inconsistency with SCJ case-law, arbitrary assessment of evidence etc. Following the 2023 reform of the grounds for recourse, a significant proportion of recourses fail to pass the admissibility stage.<\/p>\n<p><strong>Interim decisions (rulings)<\/strong> can be appealed together with the decision on the merits, unless the law expressly allows a separate recourse against them, which shall be filed within 15 days from the communication of the ruling.<\/p>\n<p>Recourses against interim decisions issued by first-instance courts are examined by the courts of appeal, while recourses against interim decisions issued by the courts of appeal are examined by the SCJ. Interim decisions of the SCJ are final.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the rules governing enforcement of foreign judgments in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Foreign judgments are recognised and enforced according to the international treaties to which Moldova is a party, or on the principle of reciprocity.<\/p>\n<p>A foreign judgment can be duly recognised and enforced within three years from the date the judgment is considered final. The request shall be filed to the court in whose territorial jurisdiction the enforced execution shall be performed.<\/p>\n<p>The request for the recognition and enforceability of the judgment shall be examined in a court hearing, and that court can order the recognition of the judgment or its refusal. A refusal is subject to appeal.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the costs of litigation (e.g. court costs, as well as the parties\u2019 costs of instructing lawyers, experts and other professionals) be recovered from the other side in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The costs of litigation include the state fee, stamp duty and other costs related to the examination of the case, such as expert fees, legal assistance fees and costs of serving the defendant (Article 90 of the CPC).<\/p>\n<p>The parties are responsible for their own costs. However, the court requires the losing party to reimburse the prevailing party for the litigation costs, upon the prevailing party\u2019s request. Therefore, all litigation costs are recoverable, but each party must submit a request in this regard (either in the statement of claim or defence), providing reasons and evidence for the costs claimed.<\/p>\n<p>A party may challenge the court\u2019s decision on costs if they are unproven, unreasonable or exempted by law (e.g., employees are not liable for their employer\u2019s costs of litigation even if they lose the lawsuit against the employer).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the collective redress (e.g. class action) mechanisms in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The concept of collective actions is not regulated under Moldovan legislation. However, the Civil Procedure Code provides for procedural co-participation, which allows several plaintiffs and\/or defendants to participate jointly in a single proceeding. Procedural co-participation is mandatory where (i) the subject matter of the dispute concerns common rights or obligations of several plaintiffs or defendants (e.g., disputes concerning jointly owned property); or (ii) the rights and obligations of the plaintiffs arise from the same factual or legal grounds (e.g., claims arising from the same contract or harmful event). Optional procedural co-participation is admitted only for the efficient and proper administration of justice, where the claims are connected through the underlying legal relationship or common evidence, and where they may be examined within the same proceedings and by the same court (e.g., a group of employees have been dismissed and bring claims against the same employer).<\/p>\n<p>For the first time, a collective redress mechanism will be introduced with the entry into force on 26 June 2026 of Law No. 80\/2025 on Representative Actions for the Protection of the Collective Interests of Consumers. The law establishes a framework for representative actions, empowering qualified entities to bring proceedings on behalf of consumers either to obtain redress measures (such as compensation, repair, replacement, price reduction, contract termination, or reimbursement) or to seek injunctive relief, including the cessation of unlawful commercial practices.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the mechanisms for joining third parties to ongoing proceedings and\/or consolidating two sets of proceedings in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Interested third parties may join the proceedings as third parties, either with or without an independent claim.<\/p>\n<p>A third party with an independent claim joins by filing a statement of claim directed against the plaintiff or both parties, asserting rights to the subject matter of the action (e.g. in a dispute between two parties over the ownership of a property, a third party may claim that the property actually belongs to them).<\/p>\n<p>A third party without an independent claim joins by its own application, at the request of a party or <em>ex officio<\/em> by the court, when the judgment could affect their legal relationship with one of the parties (e.g. in a dispute between a client and a company for damages caused, the employee may join as a third party).<\/p>\n<p>Regarding the consolidation of two sets of proceedings, Moldovan procedural law allows for the consolidation of proceedings in order to ensure efficiency and avoid contradictory judgments.<\/p>\n<p>Under Article 187 of the Civil Procedure Code, if related cases (by claims, factual grounds, or evidence) are pending before the same court, the court may, upon a motivated request of a party or <em>ex officio<\/em>, order their transfer for consolidation with the case filed earlier.<\/p>\n<p>Where related cases are pending before different courts, the court seized later orders, the consolidation and transfer of the claims to the court first filled.<\/p>\n<p>Consolidation of proceedings is only possible at first-instance level.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are third parties allowed to fund litigation in your jurisdiction? If so, are there any restrictions on this and can third party funders be made liable for the costs incurred by the other side?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Third-party litigation funding (TPLF) is not expressly regulated in the Civil Procedure Code in Moldova, but it is generally considered admissible in practice. Recent case law of the Supreme Court of Justice confirms that court fees may be paid by a third party and that returning a claim on this ground may constitute excessive formalism (case no. 2r-185\/24).<\/p>\n<p>TPLF is regulated for the first time in Law No. 80\/2025 on Representative Actions for the Protection of the Collective Interests of Consumers (in force June 26, 2026), which sets specific safeguards for such funding. In particular, Article 10 provides that third-party funding is allowed provided that: (i) the funder does not improperly influence procedural decisions, in a way that could harm the collective interests of consumers, and (ii) the representative action is not brought against a defendant who is a competitor of the funder or with whom the funder has a dependency relationship.<\/p>\n<p>In the Republic of Moldova, there is no general provision in the Civil Procedure Code expressly stating that a third-party litigation funder is liable for the legal costs incurred by the opposing party.<\/p>\n<p>As a general rule, legal costs are borne by the losing party to the proceedings, and the obligation to pay such costs lies with the party to the case, not with the third-party funder, who is not a formal participant in the proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the main advantage and the main disadvantage of litigating international commercial disputes in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The main advantages of litigating international commercial disputes in Moldova include a relatively accessible and cost-efficient judicial system, a growing pool of specialized professionals and law firms with experience in cross-border and international cases, and an increasing openness of the courts to international standards and practices. Moreover, Moldova\u2019s status as a candidate country for EU accession is driving a progressive harmonisation of national legislation with EU law, thereby making the legal framework increasingly predictable, accessible, and aligned with European standards.<\/p>\n<p>The main disadvantage remains the length of the proceedings. Moldova is currently undergoing a vetting process aimed at strengthening judicial integrity, which has led to a temporary reduction in the number of sitting judges. This transitional phase affects the speed of proceedings, including in complex commercial disputes, as courts operate with reduced capacity while the reform is being implemented.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the most likely growth area for commercial disputes in your jurisdiction for the next 5 years?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The most likely growth area for commercial disputes in Moldova over the next five years is expected to be closely linked to the country\u2019s ongoing economic transformation and its EU integration path. In particular, increased foreign investment in infrastructure and construction projects, the expansion of cross-border trade, and the entry of international retail chains and business operators on the Moldovan market will generate a higher volume of complex commercial relationships, which in turn will lead to a corresponding increase in commercial disputes. Growth is also expected in sectors such as energy, real estates, IT, banking and services, alongside an increase in shareholder and corporate governance disputes driven by increasingly complex and internationally structured business entities.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, will be the impact of technology on commercial litigation in your jurisdiction in the next 5 years?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Technology has a noticeable impact on commercial litigation in Moldova.<\/p>\n<p>Currently, there is widespread use of electronic communication with courts in Moldova, as well as increasing reliance on electronic signatures. Law firms and legal professionals are already relying on digital tools and practice management platforms to improve internal workflow, coordination, and document management.<\/p>\n<p>However, these developments are expected to become significantly more pronounced in the coming years, as Moldova continues the digitalisation of its judicial system and expands the use of technology in court proceedings.<\/p>\n<p>For instance, the \u201ce-Dosar Judiciar\u201d (Electronic Case File System) is currently implemented in a pilot phase across all national courts. It enables parties to access case files electronically and represents an important step towards fully digital case management.<\/p>\n<p>In this context, in April 2026, the Ministry of Justice prepared a draft law intended to facilitate the use of IT solutions in judicial proceedings, which is currently under interinstitutional coordination. Among other measures, the draft seeks to transform videoconferencing from an exceptional procedural mechanism into a general method for participation in court hearings. It also promotes broader use of electronic communication by granting courts direct access to electronic addresses available through governmental platforms and registers.<\/p>\n<p>Importantly, the proposed reform establishes electronic filing as the general rule for statements of claim submitted by public authorities, legal entities, individual entrepreneurs, legal professionals, and individuals represented by attorneys. These measures are likely to further increase the accessibility, and speed of commercial litigation, particularly in disputes involving foreign parties or cross-border elements.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">4422<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/143110","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=143110"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}