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Concerning Modification And Completion Of Some Legislative Acts

Original Language Title: pentru modificarea şi completarea unor acte legislative

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    The Parliament adopts this organic law.
This Act creates the legal framework required for the implementation of the provisions of Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of contracts relating to the right of use of the timeshare property, contracts concerning holiday with long-term use, as well as the revînzare and Exchange published in the official journal of the European Union L 33 of 3 February 2009.
Art. I.-the civil code of the Republic of Moldova nr. 1107-XV of 6 June 2002 (Official Gazette of the Republic of Moldova, 2002, no. 82-86, 661), as amended, is modified and completed as follows: 1. First Book, title I, chapter I, article 21(2) shall be supplemented by the following: ' article 21. Consumer and Pro (1) of the consumer any natural person who, under a civil legal relationship, acting predominantly purposes why not related to entrepreneurial activity or profession. The natural person does not have the quality to the consumer if the other side of the civil legal relationship does not have professional quality.
(2) a quality professional any natural or legal person governed by public or private law, which, under a civil legal relationship, is acting for purposes relating to entrepreneurial or professional activity, even if the person does not have the goal of obtaining a profit from this activity.
(3) a person who, in a civil legal relationship corresponding to both paragraph. (1) paragraph. (2) a consumer if this recognition gives it qualities of a given legal protection, and in other cases the person is considered to be professional. "
2. Book three, title II, Chapter VII, supplemented by section 3 of the following table of contents: "third section aDreptul revocation of contracts concerning certain products and contracts to their Article 7521. The right of revocation of contracts concerning certain products and brokerage contracts (1) under the terms of this code or any other law, the consumer shall be entitled to revoke the contract: (a) regular housing);
b) holiday product contract long-term contract to holiday product contract and agency participation in an Exchange System.
(2) the right of revocation shall be exercised by notifying the worker. The consumer does not have to justify the decision to cancel.
Article 7522. The term for revocation (1) the term for revocation is 14 calendar days and shall start to run: a) on the day of conclusion of the contract or preliminary contract; be b) on the day on which the consumer comes into possession of a copy of a contract or preliminary contract if this is later than the date referred to in subparagraph (a). a). (2) the period for revocation shall expire: (a)) 12 months and 14 calendar days from the date referred to in paragraph 1. (1) of this article-if not completed Pro and made available to the consumer in writing, on paper or on another durable medium, standard form to facilitate the exercise of the right of revocation of the contract as provided for in the annex. 5. Law No. 1125-XV from 13 June 2002 for the implementation of the civil code of the Republic of Moldova;
b) 3 months and 14 calendar days from the date referred to in paragraph 1. (1) of this article-if the information referred to in article 1. 11454 para. (1) including the standard forms set out in the appendices. 1-4 at law. 1125-XV from 13 June 2002 for the implementation of the civil code of the Republic of Moldova, have not been made available to the consumer in writing, on paper or on another durable medium.
(3) where the complete Pro and made available to the consumer in writing, on paper or on another durable medium, standard form to facilitate the exercise of the right of revocation of the contract as provided for in the annex. 5. Law No. 1125-XV from 13 June 2002 for the implementation of the civil code of the Republic of Moldova, within 12 months after the date referred to in paragraph 1. (1) of this article, the term for revocation of the contract shall run from the date on which the consumer receives this form.
(4) if the information referred to in article 1. 11454 para. (1) including the standard forms set out in the appendices. 1-4 at law. 1125-XV from 13 June 2002 for the implementation of the civil code of the Republic of Moldova, have been made available to the consumer in writing, on paper or on another durable medium, within three months from the date referred to in paragraph 1. (1) of this article, the term for revocation of the contract shall run from the date on which the consumer receives that information.
(5) if the intermediation contract of participation in an Exchange system is provided to the consumer in conjunction and simultaneously with the contract for accommodation, apply one term for revocation for both contracts. The term cancel both contracts shall be calculated in accordance with paragraphs 1 and 2. (1) as it applies in the case of regular housing contract.
Article 7523. Exercising the right of revocation (1) for the purpose of exercising the right of intervention about the revocation, the consumer can: a) to use the standard form as set out in the annex. 5. Law No. 1125-XV from 13 June 2002 for the implementation of the civil code of the Republic of Moldova and made available in accordance with professional art. 11457 para. (6); or b) to do any other notification, on paper or on another durable medium, in which expresses the revocation.
(2) the period for revocation shall be deemed to have been observed if the notification is submitted before the expiry of the period of revocation of the contract.
Article 7524. Consequences of revocation (1) the revocation of the contract, which the annulment report put out both parties ' obligations arising from the contract.
(2) the revocation does not generate any cost or liability to the consumer, with the exceptions expressly provided for by law. "
3. To book three, title III, Chapter XIX: the chapter name is supplemented by the words "and other holiday products";
articles 1131-1145 will form section 1 the following:% quot% section 1 contract ';


Chapter supplemented by section 2 with the following content: "section 2-aUnele products and their mediation Article 11451. Regular housing contract (1) the contract relating to the regular accommodation is the contract under which a professional is obliged to give the consumer the right to use a home or other accommodation overnight at regular intervals during a period exceeding 12 months, and the consumer is obliged to pay the total price. The assessment of where the term exceeds 12 months, will take into account all the possibilities of extension provided for in the contract.
(2) the right mentioned in paragraph 1 to the consumer (1) can take the form: a) a shares owned by the municipality, with establishing the respective service;
b) a right of usufruct, or the main rights in rem;
c) a right of lease or other right of claim;
d) a right resulting from membership of a legal person times civil societies.
(3) the right of the consumer may be accompanied by the option to choose the accommodation within a group of units made available by professional.
(4) the consumer's right mentioned in paragraph 1. (1) extends over movables intended purpose accommodation unit.
11452 article. Other contracts related to products and the scope (1) holiday product Contract term is a term contract exceeding 12 months in which a professional is obliged to give the consumer the right to receive discounts or other benefits, housing and the consumer is obliged to pay the total price. The contract may also provide for and provision of additional services to the consumer, as well as transport services. The assessment of where the term exceeds 12 months, will take into account all the possibilities of extension provided for in the contract.
(2) contract to the product is the contract whereby a professional undertakes towards the consumer in Exchange for remuneration, to broker a contract: a) a periodical or a housing contract concerning holiday product; or (b) a contract relating to disposal) of rights held by the consumer pursuant to a contract referred to in subparagraph (a). a). (3) contract to participate in a system of Exchange is the contract whereby a professional undertakes towards the consumer in Exchange for remuneration, to broker a contract by which a consumer will attend an Exchange system which allows access to overnight accommodation establishments and other services in Exchange for granting temporary access to the benefits to other persons which he holds under the contract relating to the regular accommodation.

(4) the provisions of article 4. 11453-114510 applies correspondingly housing contract, the contract regarding the product long-term vacation, product brokerage contract and contract to participate in a system of Exchange, unless that article lays down that only applies to one or some of these contracts.
(5) any clause contrary to the provisions of this section to the detriment of the consumer is struck by absolute nullity.
(6) this section does not affect the legal framework relating to: a) the remedies prescribed in the law of contract;
b) registration of real estate or moveable and alienation of real estate;
(c)) the conditions of establishment, the authorization or approval requirements; as well as the determination of the legal nature of d) rights which are the subject of the contracts covered by this section.
Article 11453. Advertising (1) is required to ensure that the interpreter that shall be indicated in its advertising the opportunity to obtain the information referred to in article 1. 11454 para. (1) and shall be indicated where such information may be obtained.
(2) where, in the context of promotional offers, promotion of an event or an event consumer shopping, i will propose the termination of the contract, is obliged to specify Pro clearly, in the invitation the commercial purpose, and the nature of the event.
(3) the information referred to in article 1. 11454 para. (1) must be made available to the consumer at any time during the event.
(4) contract Rights housing regularly and commodity contract long-term vacation may not be promoted or marketed as an investment.
11454 article. Pre-contractual information (1) Pro is required to provide the consumer with the following information: a) in the case of regular housing contract-according to the standard form set out in the annex. 1 the law nr. 1125-XV from 13 June 2002 for the implementation of the civil code of the Republic of Moldova;
b) in the case of the contract concerning the product long-term holiday-according to the standard form set out in the annex. 2. in law No. 1125-XV from 13 June 2002 for the implementation of the civil code of the Republic of Moldova;
c) contract mediation holiday product-according to the standard form set out in the annex. 3 the law nr. 1125-XV from 13 June 2002 for the implementation of the civil code of the Republic of Moldova;
d) if the contract of agency participation in an Exchange system-according to the standard form set out in the annex. 4 the law nr. 1125-XV from 13 June 2002 for the implementation of the civil code of the Republic of Moldova.
(2) the obligation to complete Pro forms standard referred to in paragraph 1. (1) with sufficient and accurate information, so as not to mislead the public and allow the consumer to take a decision in full knowledge of the facts.
(3) consumer Pro must provide all the information referred to in paragraph 1. (1): a) free;
b) in a clear and easy to understand;
c) on paper or on another durable medium, within easy reach of the consumer;
d) with enough time before a consumer to enter into a contract or to accept an offer, but at least 15 calendar days before.
(4) the period of 15 days referred to in paragraph 1. (3) (a). d) can be reduced with the written consent of the consumer.
Article 11455. Information about the right of revocation and of the prohibition of advance payment, confirmation of informing (1) before conclusion of the contract, the consumer must inform the interpreter explicitly about the existence of the right to cancel the contract in accordance with art. 7521, cancel the contract in accordance with art. 7522, and about banning upfront payments during the period of the term for revocation, pursuant to art. 11458. (2) the consumer must confirm receipt of the contractual information provided for in paragraph 1. (1) by signing the corresponding headings of part 2 of the standard form set out in the appendices. 1-4 at law. 1125-XV from 13 June 2002 for the implementation of the civil code of the Republic of Moldova.
11456 article. The language of the contract and the information provided (1) the contract shall be drawn up in the language of State. (2) where the foreign national and the consumer is resident abroad, the contract shall be drawn up in the official language or one of the languages of international circulation.
(3) the requirements referred to in paragraph language. (1) and (2) shall also apply to the information Pro is required to provide in accordance with art. 11454 and 11455.
(4) in the case of a contract concerning the regular accommodation which covers a single immovable determined Pro is required to provide to the consumer, free of charge, a certified translation of the contract in the language or one of the languages of international circulation.
11457 article. The form and terms of the contract (1) the contract shall be concluded in written form, on paper or on another durable medium, and accepted by the consumer shall be drawn up clearly and easy to read. The background colour of paper on which is written in the contract should be contrasted with that of the font used.
(2) If the transfer for the times provided under the contract for the Housing Act requires periodic form contract must be concluded, in its authentic form. Legal provisions concerning the register of real estate remain applicable.
(3) the contract should provide the following information: a) the surname, forenames, domicile or residence of the person being overloaded and the information on the name, registered office and legal form of organization of professional legal person, as well as addresses for notification;
b) information contained in the standard form referred to in article 9(3). 11454;
c) date and place of conclusion of the contract.
(4) the information contained in the forms referred to in article standard. 11454 may not be altered with the agreement in writing than the parties or where amendments arise from unusual and unforeseeable circumstances, beyond the Pro, and whose consequences could not be avoided, even if it would have taken all the necessary measures.
(5) any amendment will be communicated to the consumer on paper or on another durable medium easily accessible and that you accept, prior to conclusion of the contract. The amendments expressly stated in the contract.
(6) at the time of conclusion of the contract, the consumer shall receive at least a copy of it. The contract shall be accompanied by a standard form concerning the right of cancellation provided for in the annex. 5. Law No. 1125-XV from 13 June 2002 for the implementation of the civil code of the Republic of Moldova.
11458 article. The prohibition of advance payments (1) are forbidden any advance payments, provision of guarantees, reservation of money on accounts, explicit recognition of the debt, and any other payments made by the consumer by the professional or by any other third party before the end of the period of revocation of the contract.
(2) if the contract of intermediation product, prohibition of paragraph 2. (1) it appears that up to compliance with its obligations to all professional resulting from this contract or, as the case may be, till the termination of another theme of this contract.
11459 article. Special provisions applicable to the contract concerning the accommodation of periodic (1) in the case of regular housing contract, payment will be fixed according to a schedule of payments. It is forbidden to any payment of the price specified in the contract that are not carried out according to the timetable fixed payments. Payments, including payment of membership contribution, must be broken down into annual instalments, each of them having the same value. The interpreter must send a written request for payment, on paper or on another durable medium, at least 14 calendar days before the due date.
(2) the consumer shall be entitled to the contract concerning the annulment report regular accommodation, without any reason, starting from the payment of the second installment, without being liable to any penalty, Pro notificînd this within 14 calendar days of the receipt of the request for payment related to each installment. This right shall not affect the right of rescinding or terminating on other legal grounds.
114510 article. Contracts related to (1) the Exercise of the right of revocation and annulment of the contract automatically related to the contract shall be revoked.
(2) the contract shall be deemed to be bound to cancel the contract under which the consumer get the goods, works, services or digital content, other benefits related to the contract shall be revoked if these benefits are provided: a) to the same professional; or b) by a third party on the basis of an agreement between the third party and the same professional.

(3) the contract shall be deemed to be bound to cancel the credit agreement for the consumer and get credit for financing the obligations of payment, in whole or in part as a result of the contract which shall be revoked if these agreements form, from an objective point of view, a commercial unit.
(4) contracts shall be deemed to form a commercial unit into paragraph 1. (3) where: (a)) is pro and creditor himself;
b) being a person other than the creditor, or, by agreement, uses the services of professional collaboration for times the contract or its preparation; or c) credit agreement expressly specifies the subject of the contract which shall be revoked.
(5) the existence of agreement between the third party and, as provided for in paragraph 1. (2) (a). (b) paragraphs 5 and 6) and to (4) (a). (b)), it shall be presumed until proof to the contrary.
(6) where the seal is informed by the consumer about revoking the contract, Pro is obliged to inform the third party with which he has a contract that linked to his annulment pursuant to paragraph 1 occurred. 1. (7) for the purposes of paragraph 1. (3) by credit agreement will understand any contract the consumer credit which falls within the scope of law. 202 of 12 July 2013 concerning credit agreements for consumers. "
Art. II.-Law nr. 1125-XV from 13 June 2002 for the implementation of the civil code of the Republic of Moldova (Official Gazette of the Republic of Moldova, 2002, no. 82-86, art. 663), with subsequent amendments, shall be completed as follows: 1. Article 11 shall be supplemented with the following content: "Art. 11.-to approve the standard forms, in accordance with annexes no. 1-5 to the present law. "
2. The Act is supplemented by appendices. 1-5 with the following contents: Annex 1 Annex 2 annex 3 Annex 4 Annex 5 Art. III.-offences of the Republic of Moldova nr. 218-XVI dated October 24, 2008 (Official Gazette of the Republic of Moldova, 2009, no.4-6, art. 15), with subsequent amendments, shall be completed as follows: 1. the article is completed with the following contents: 3441 "Article 3441.  Violation of requirements of legislation relating to contracts concerning accommodation, holiday product contracts for long-term contracts to the holiday product contracts to participate in an Exchange system and service contracts (1) violation of requirements of legislation relating to contracts concerning accommodation, holiday product contracts for long-term contracts to holiday product contracts and agency participation in an Exchange system through : a) failure to submit information or submission of precontractual necompletă relating to housing contracts, contracts concerning the product long-term holiday contracts intermediation and holiday product contracts to participate in an Exchange system shall be sanctioned with a fine of from 10 to 25 conventional units applied to a physical person, with a fine of from 50 to 75 of conventional units applied to person with responsibility with fine of 120 to 150 conventional units applied to legal person;
(b) to include in the contract) of the information relating to the standard binding contracts for accommodation, holiday product contracts for long-term contracts to holiday product contracts and agency participation in an Exchange system shall be sanctioned with a fine of from 10 to 25 conventional units applied to a physical person, with a fine of from 50 to 75 of conventional units applied to person with responsibility with a fine from 100 to 150 conventional units applied to legal person;
(c) information on the right) failure to revoke, the term and the conditions for its exercise, the information concerning the prohibition of advance payments shall be sanctioned with a fine of from 10 to 25 conventional units applied to a physical person, with a fine of from 50 to 75 of conventional units applied to person with responsibility, with a fine of 100 to 150 conventional units applied to legal persons.
(2) violation of the requirements of legislation concerning service contracts: a) failure to submit information or submission of preliminary necompletă the contract of travel services shall be sanctioned with a fine of from 10 to 25 conventional units applied to a physical person, with a fine of from 50 to 75 of conventional units applied to person with responsibility, with a fine of 120 to 150 conventional units applied to legal person;
b) indication prompt assistance to tourists in difficulty shall be sanctioned with a fine of from 10 to 25 conventional units applied to a physical person, with a fine of from 50 to 75 of conventional units applied to person with responsibility, with a fine of 120 to 150 conventional units applied to legal person. "
2. the code shall be supplemented with the following article: 4081 "Article 4081. Tourism Agency (1) the Offences referred to in articles. 3441 is established and shall be examined by the Agency for tourism.
(2) have the right to check irregularities and to conclude protocols of the tourism agency's director-general, his Deputy and controllers-reviewers.
(3) have the right to examine the causes and apply administrative penalties the Agency's director-general and his Deputy Tourism. "
Art. IV.-this law shall enter into force six months after the date of publication.