Law No. 177 Of 4 November 1997 On The Ratification Of The Treaty Between Romania And The Republic Of Moldova On Legal Assistance In Civil And Criminal Matters, Signed In Chisinau On 6 July 1996

Original Language Title:  LEGE nr. 177 din 4 noiembrie 1997 pentru ratificarea Tratatului dintre România şi Republica Moldova privind asistenţa juridică în materie civilă şi penală, semnat la Chişinău la 6 iulie 1996

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071113/-lege-nr.-177-din-4-noiembrie-1997-pentru-ratificarea-tratatului-dintre-romnia-i-republica-moldova-privind-asistena-juridic-n-materie-civil-i-penal%252c.html

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Law No. 177 of 4 November 1997 on the ratification of the Treaty between Romania and the Republic of Moldova on legal assistance in civil and criminal matters, signed in Chisinau on 6 July 1996 PARLIAMENT ISSUING published in MONITORUL OFICIAL nr. 310 of 13 November 1997, the Romanian Parliament adopts this law.


The sole article Shall ratify the Treaty between Romania and the Republic of Moldova on legal assistance in civil and criminal matters, signed in Chisinau on 6 July 1996.
This law was adopted by the Senate at its meeting on 4 September 1997, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. SENATE PRESIDENT OLIVIU GHERMAN this law was adopted by the Chamber of deputies at its meeting on 6 October 1997, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT ANDREW JOHN CHILIMAN TREATY between Romania and the Republic of Moldova on legal assistance in civil and criminal matters, Romania and Moldova, hereinafter referred to as the Contracting Parties, wishing to enhance their collaboration in the field of legal assistance, have decided to conclude this Treaty of legal assistance in civil and criminal matters.
For this purpose they have agreed upon the following: part I General provisions Article 1 definition of terms for the purposes of this Treaty: (a)) by civil means causes of civil law and civil procedure, family law, commercial law, labour law and administrative law;
  

competent authority) shall mean the courts, prosecutors ' offices (for Romania), the Prosecutor's Office (Republic of Moldova), notary's offices and other institutions competent in civil and criminal matters;
  

c) by law means any category of normative act by which they are covered, in each of the two Contracting Parties, the judiciary in respect of which the Treaty referred to in the law.
  


Article 2 Legal Protection 1. Nationals of a Contracting Party shall enjoy in the territory of the other Contracting Party, as regards their personal and patrimonial rights, the same legal protection as citizens.
2. Nationals of a Contracting Party shall have the right to appeal and nestanjenit the competent authorities of the other Contracting Party in the attribution of which are civil and criminal cases, can support their interests in front of them, make requests, and to introduce the shares under the same conditions as its nationals.
3. The competent authorities of a Contracting Party, upon request, advise the citizens of the other Contracting Party in order to ensure the representation they need to support their legitimate causes.
4. the provisions of this Treaty relating to the citizens of the Contracting Parties shall apply accordingly to legal persons established in accordance with the laws of the Contracting Party in whose territory they have their headquarters.


Article 3 the granting of legal assistance to the Contracting Parties to each other on their grant application, legal assistance in civil and criminal cases, under the conditions provided for in this Treaty.


Article 4 exemption from bail Citizens of a Contracting Party to the competent authorities of the other Contracting Party as from the solicitants or intervenienţi, if you are domiciled or resident in the territory of one of the Contracting Parties, shall not be required to file any bond or deposit, however described them, for the reason that they are foreigners or that do not have their domicile or residence in the territory of times of the contracting party to which the competent authority requested belongs.


Article 5 free of charge legal assistance and Facilities 1. Citizens of one of the Contracting Parties shall enjoy in the territory of the other Contracting Party, the reduction or exemption of proceedings costs as well as legal assistance free of charge, under the same conditions as their own nationals.
2. Benefits referred to in paragraph 1 granted in a particular case, are applicable to all acts of procedure of that cause, including acts.


Article 6 Conditions to obtain exemptions 1. When a citizen of a Contracting Party request a succour of those referred to in article 1. 5 of this Treaty, together with the request and will be presented a certificate with respect to the material and personal situation, prepared according to legal regulations of each Contracting Party.
2. If the applicant is not domiciled or resident in the territory of any of the Contracting Parties, the certificate referred to in paragraph 1 may be issued by the diplomatic mission or consular post of the Contracting Party of which the citizen is.


Article 7 the request exemptions 1. A citizen of one of the Contracting Parties, wishing to request a competent authority of the other Contracting Party facilities. 5, may make application to the competent authority of the place of residence or his residence.
2. the competence of the Authority that, according to paragraph 1, the request shall send, together with the certificate and the annexes, the competent authority of the other Contracting Party.
3. the competence to decide on the request for the granting of exemptions under article 4. 5 retains the right to control certificates and the information that has been provided and, in order to erect fully, it may request additional information.


Article 8 link mode 1. In matters relating to legal assistance, the competent authorities of the two Contracting Parties shall communicate to each other via central bodies, to the extent that this Treaty does not provide otherwise.
2. the central bodies referred to in paragraph 1 shall, for Romania, Ministry of Justice, and for the Republic of Moldova, the Ministry of Justice and the Prosecutor General.


Article 9 Language used in the application of the provisions of this Treaty, the central bodies of the two Contracting Parties mentioned in article 9. 8 (2) in relations between them their official language. So proceed and in relations between the competent authorities of the Contracting Parties.


Article 10 Exchange of information in the field of legislation of the Contracting Parties shall notify each other, upon request, of the legislation in force or which was in effect in their States, as well as on its application in judicial practice.


Article 11 protection of witnesses and experts 1. Witness or expert, whatever his nationality, who, as a result of a subpoena, shall be submitted to the competent authority of the other Contracting Party cannot be traced, neither owned, nor subjected to any other restriction of his or her individual freedom on its territory, in respect of acts or convictions earlier crossing of the requesting contracting party.
2. The immunity provided for in paragraph 1 shall cease if the witness or expert has not left the territory of the requesting contracting party within 15 days from the date when the competent authority called makes known as his presence is no longer required or that it will always come back. Within this period shall not include the time during which the witness or expert has not been able to leave the territory of that Contracting Party for reasons beyond his control.


Article 12 reimbursement for witnesses and experts 1. Travel expenses and maintenance, as well as compensate neobtinute, related to the movement for testimony or for making expertise, will be borne by the contracting party demanding. The wizard has the right and the expert fee.
2. the rights referred to in paragraph About 1 will make mention in the subpoena. At the request of the witness or expert, the Contracting Party will advance payment demanding, part or all of the expenses referred to.


Article 13 the hearing as witnesses of persons arrested 1. Where it is necessary for a person who was arrested in the territory of a Contracting Party to be heard as a witness by a competent authority of the other Contracting Party, the central bodies referred to in article 1. 8 may agree that this person to be transported to the territory of the requesting contracting party, provided that he be kept in custody and be returned no later than 7 days after the hearing.
2. Transfer may be refused if the person: (a) not owned) consents;
  

b If this person is) necessary in a criminal proceedings pending in the territory of the requested Contracting Party;
  

c) If transfer is liable to prolong the detention;
  

d) if other compelling considerations are opposed to or transfer in the territory of the requesting contracting party.
  


Part II-chapter 1 of civil legal aid Article 14 Subject legal aid legal assistance in civil matters shall include the fulfilment of procedural activities, such as: preparation, transmission and handing over of judicial and extrajudicial documents; hearing of the parties, witnesses, experts and other persons; conducting surveys; onsite research and findings of some State of affairs; assurance measures or conservation; checks records, obtaining copies or photocopies of or extracts from documents.


Article 15 the request for legal assistance 1. The request for legal assistance shall include the following data: name of the competent authority of the applicant);
  

(b) the name of the competent authority);
  

(c) a statement of the case in which) requesting legal assistance;
  

d) the surname and forename of the parties, trial quality, citizenship, domicile or residence and, in the case of legal persons, their name;
  


e) name, surname and address of the representatives of the parties, where appropriate;
  

f) application and the data required to meet them;
  

(g) an indication of the documents annexed thereto).
  

2. at the request of handing over of documents shall indicate the address of the addressee and the kinds of acts that are to be handed out. The rogatory will be indicated the circumstances in relation to the sample and, when appropriate, the questions to be put to the persons to be heard.
By rogatory, under this Treaty, it is understood that the judicial procedure act whereby a judge or the Prosecutor, as appropriate, to request the competent authority of the other Contracting Party to satisfy, or instead, judicial acts which it considers necessary worldwide judgment or prosecute in a specific process that is invoked.
3. The request for legal assistance or attached shall bear the official stamp of the competent authority.


Article 16 how to resolve application 1. In the execution of a request for legal assistance, the requested competent authority shall apply the law of the State. The requested jurisdiction authority may apply to the competent authority of the applicant's request, a special procedure, to the extent not contrary to the law of the State.
2. If the requested authority is not its jurisdiction meet the demand, it will send ex officio to the competent authority, incunostintand at the same time contracting party demanding it.
3. At the request of the applicant to the competent authority, the competent authority shall communicate its requested will, in good time, the place and the date of confirmation of the request for legal assistance in order that the applicant should be able to assist.
4. If the address of the person referred to in the application for legal aid is not known or if the address proved to be wrong, the requested competent authority shall take appropriate measures in order to determine the address. When setting the address is not possible, the requested competent authority shall notify the competent authority demanding.
5. After completion of the request, the requested competent authority shall transmit to the applicant by the competent authority of the respective acts. Where legal aid could not be granted, the competent authority will refund requested paperwork requesting the competent authority giving the circumstances that prevented her to meet the demand.


Article 17 jurisdiction Authority handing over the requested documents handed out acts in accordance with the laws in force in the territory.


Article 18 proof of handing over documents proof of handing over of the documents shall be drawn up in accordance with the rules in force, handing over the territory of the requested Contracting Party. In any case, this must include the signature of the consignee, the competent authority's stamp and signature of the person empowered to act over immediately, manner, place and date of Rumania. If the consignee refuses to receive the Act, shall make mention of the reason for the refusal.


Article 19 duties of the diplomatic missions and consular offices of each Contracting Party may transmit or Treasurer at judicial and extra-judicial acts and their own citizens to take testimony on the territory of the other Contracting Party through the diplomatic missions and consular posts, provided that these citizens to agree and not be subjected to any coercive measures.


Article 20 expenses related to legal assistance 1. The parties themselves bear all the costs of legal assistance in their territory, including the management costs incurred.
2. the requested Authority shall notify to the competent authority within the competence of the applicant the amount of the expenditure actually incurred. If the applicant authority expenditure charge from the person liable to pay, amounts received remain the responsibility of the contracting party to whose authority he has perceived.


Article 21 refusal of legal assistance in civil legal assistance may be refused if the requested Contracting Party considers that by awarding them might prejudice its fundamental principles.


Chapter 2 Article 22 validity of official Acts acts 1. Laws that emanate from the competent authorities or other institutions of one of the Contracting Parties, as well as the acts under private signature, to whom they give the date of the brawl and they attest to the authenticity of a signature, are valid in the territory of the other contracting party without any other legalisation. This provision shall also apply in respect of copies and extracts from these documents.
2. The acts referred to in paragraph 1, the territory of the other Contracting Party, the same force probanta as acts of the same kind of this latter Contracting Party.


Rule 23 Transmittal of civil status acts 1. The competent institutions of each Contracting Party shall, upon request, free of charge, the competent institutions of the other Contracting Party, the civil status certificates, extracts from civil status registers, as well as certified copies of judgments from courts, in civil matters, where such acts relate to the requesting contracting party and citizens are required by official interest.
2. The transmission of documents referred to in paragraph 1 shall be effected through the ministries of Justice of each Contracting Party.


Chapter 3 common rules in the field of private law section I provisions relating to personal status and family law article 24 person Capacity 1. The individual's capacity shall be determined according to the law of the Contracting Party of which the person is a national.
2. the capacity of a legal person shall be determined according to the law of the Contracting Party in whose territory it has its registered office.


Article 25 the conclusion of marriage 1. Form of conclusion of marriage is determined by the law of the Contracting Party on whose territory the marriage ends.
2. For the marriage ending to the diplomatic mission or the consular post, the form of conclusion of marriage is determined by the law of the Contracting Party which belongs to the diplomatic mission or consular post.
3. With regard to the substantive conditions required for the conclusion of marriage, each of the future spouses is subject to the law of the Contracting Party of which the citizen is.


Article 26 of the personal and property Relations of the spouses 1. Personal and property relations of spouses are governed by the law of the Contracting Party whose citizens they are.
2. If one of the spouses is a national of a Contracting Party, and the other spouse is a national of the other Contracting Party, their personal and economic relations are governed by the law of the Contracting Party in whose territory the domiciles.
3. If, in the case referred to in paragraph 2, either spouse resides in the territory of a Contracting Party, and the other on the territory of the other Contracting Party, their personal and economic relations are governed by the law of the Contracting Party on whose territory it had their last common domicile.
If husbands did not have home sharing, are competent courts or other institutions ability of both Contracting Parties that apply their State law.
4. The competence to decide on legal relations referred to in paragraphs 1, 2 and 3 of paragraph 1. 1 belongs to the courts or other institutions ability of the Contracting Party whose law governs those ratios.


Article 27 Divorce 1. In the event of divorce, if both spouses have the nationality of a Contracting Party and live at the time of introduction of the divorce action, the territory of the other Contracting Party, shall be applied to the law of the Contracting Party whose citizens they are. The competence of the courts or other institutions belong to the ability of both Contracting Parties.
2. If, on the date of the divorce action, one of the spouses is a national of one of the Contracting Parties and the other spouse is a national of the other Contracting Party and live, either both on the territory of the same Contracting Party, either one in the territory of a Contracting Party and other Contracting Parties in the territory of the other party, both parties shall have jurisdiction for the courts of the Contracting State that their law.


Article 28 the nullity of marriage 1. For a finding of invalidity or for marriage annulment shall apply the laws of the Contracting Party which, under art. 25, are valid for the conclusion of marriage.
2. With regard to jurisdictional competence, properly apply the provisions of art. 27. Article 29 1 Lineages. In cases relating to establishing and challenging the parentage is applicable law of the Contracting Party whose citizen is the child. If the child is domiciled on the territory of the other Contracting Party applies its law if it is more favourable to the interests of the child.
2. The resolution of the causes referred to in paragraph 1 belongs to the competent authorities of the Contracting Party whose citizen is the child.
3. If the complainant and the defendant domiciled in the territory of the same Contracting Party, the resolution causes also belongs to the competent authorities of that Contracting Party.


Article 30 legal relations between parents and children 1. Legal relations between parents and children shall be determined according to the law of the Contracting Party whose citizen is the child. If the child is residing in the territory of the other Contracting Party, it may be applicable to the law of that party, if it is more favourable to the interests of the child.
2. With respect to the right to decide on legal relations, the provisions of art. 29, paragraphs 2 and 3 shall apply accordingly.



Article 31 Adoption 1. The substantive conditions required for the completion of adoption are those established by the national law of the adopter and the one to be adopted. They must meet the conditions and which are mandatory for both, established by each of the two national laws.
2. Form of adoption is governed by the law of the Contracting Party in whose territory the ending.
3. The effects of adoption and the relationships between the adopter and the adopted are governed by the national law of the adopter, and in case of adoption undertaken by spouses is applicable law governing, according to art. 26, the effects of their marriage.
4. The nullity of the adoption is subject to substantive conditions, for, the laws referred to in paragraph 1 and for failure to comply with the conditions of form, the law provided for in paragraph 2.
5. The procedure of adoption belongs to the competent authorities of the Contracting Party of which a citizen is, on the date of adoption, the one to be adopted.
The prohibition in article 32 1. The cases and conditions for implementation under the prohibition of persons lacking discernment due to mental alienaţiei mental or debilităţii, as well as the lifting of the measure shall be subject to the law of the Contracting Party of which the person concerned is a national.
2. Jurisdiction belongs to the extent that this Treaty does not provide otherwise, the competent authorities of the Contracting Party whose citizen is the person to be placed under the ban.


Article 33 1. In the case when it is necessary to put the ban of a citizen of a Contracting Party, that domicile, residence or property within the territory of the other Contracting Party, the competent authority of that Contracting Party shall notify the competent authority in accordance with article 4. 32 (2).
2. In cases not behave procrastination, the other Contracting Party may take interim protective measures in accordance with the law, being obliged to inform without delay the competent authority in accordance with article 4. 32 paragraph 2, which shall transmit copies of the acts at the same time. Measures taken retains its validity until such time as the competent authority has taken a different judgment.


Article 34 1. Authority referred to in article 1. 32 (2) the authority may provide the other Contracting Party within its competence regarding the ban, if the person to be placed under interdiction has his domicile, residence or real territory of the Contracting Parties. Jurisdiction regarding the ban is considered returned as soon as the requested authority has accepted this jurisdiction and shall so inform the applicant authority.
2. Where the competent authority, in accordance with article instiintata. 33 (1), does not answer, or within 3 months from the date of dispatch of the notification, the competence in matters of prohibition rests of authority from his domicile or residence of the person to be placed under the ban.
3. the authority which has become the competence according to paragraphs 1 or 2 satisfies the measure placed under ban in accordance with the laws of the State or, but only if the reason that accorded under the prohibition is provided and in the law of the Contracting Party of which the person is a national. However, the issue of exercise capacity shall apply the law of the Contracting Party whose citizen is the person to be placed under the ban.
4. An order for release under prohibition, pronounced according to paragraphs 1, 2 and 3, shall be transmitted to the competent authority the copy referred to in article 1. 32 (2).
Guardianship and curatorship Article 35 1. The cases and conditions for the establishment of guardianship or trusteeship dismantling times are those provided for by the law of the Contracting Party whose citizen is the person follows to establish guardianship or curatorship.
2. As regards the obligation of guardianship or trusteeship, the applicable law of the Contracting Party whose citizen is the person to become a guardian or curator.
3. Legal relations of the tutor or curator and the person to whom guardianship has been established or curatorship shall be established according to the law of the contracting party to which they belong to the competent authority which imposed the guardianship or curatorship.
4. In cases of guardianship and curatorship concerning citizens of the Contracting Parties shall, to the extent that this Treaty does not provide otherwise, the authorities of the Contracting Party whose citizen is the person follows to establish guardianship or curatorship.
5. A citizen of one of the Contracting Parties may be designated guardian or curator of a citizen of the other Contracting Party, whether residing in the territory of that Contracting Party to guardianship or curatorship is exercised and whether his appointment meets the best interests of the person to whom guardianship has been established or curatorship.


Article 36 the provisions of art. 33 and 34 paragraphs 1 and 2 shall apply accordingly in the case of guardianship or trusteeship.


Article 37 the authority, under art. 34, paragraphs 1 or 2 has become the jurisdiction in respect of guardianship or curatorship, meets these measures in accordance with the laws of the State. However, in terms of the ability of the person applies the law of the Contracting Party whose citizen is the person to whom guardianship has been established or curatorship. This authority is not entitled to adopt decisions in matters of personal status of the man to whom guardianship or curatorship is established.


Article 38 Declaration of disappearance or death and to establish the date of death 1. In order to declare judicial process of the disappearance or death of a person and for the purpose of determining the date of death are competent courts of the Contracting Party of which the person was a citizen at the time when, according to the latest news there was in life.
2. by exception to the provisions of paragraph 1, the courts of a Contracting Party, at the request of persons residing on its territory, are competent to declare the disappearance or death or to establish the time of death a citizen of the other Contracting Party, if, under the law of the requested Contracting Party, those people have a right to such action.
3. In the cases referred to in paragraphs 1 and 2, the courts apply the law of their State.


Section II Provisions concerning the principle of equality of inheritance Article 39 Citizens of one of the Contracting Parties are equal with the other contracting party nationals both in terms of ability to acquire through inheritance or testament its territory goods or rights to be carried out on the territory and in terms of the ability to make , modify or revoke a will relating to such goods or rights.


Article 40 governing law 1. The right of succession upon movables is determined by the law of the Contracting Party of which the citizen was, at the time of death or succession, the author.
2. the right of succession upon the real estate is determined by the law of the Contracting Party in whose territory lies on those goods.
3. assets of the succession are considered movable or immovable property in accordance with the law of the Contracting Party on whose territory they are situated.


Article 41 if the Succession sequence vacation is vacation, moveable incumbent of the Contracting Party of which the citizen was, at the time of death or succession, the author, and the estate devolved of the Contracting Party in whose territory they are situated.


Article 42 a will 1. Form of preparation, amendment and revocation of the will is the one provided, at the date of cancellation, alteration or sale, of the law of the Contracting Party whose citizen the deceased was or of the law of the Contracting Party in whose territory these acts were made.
2. With respect to the capacity to test, change the times, as well as revoke a will in terms of legal consequences of the existence of the will, the applicable law of the Contracting Party whose citizen the deceased was at the date of cancellation, modification or testamentary disposition. The same law shall be established and the types of testamentary provisions, which shall be admitted.


Article 43 Jurisdiction 1. The opening of the succession, succession procedure, as well as inheritance disputes relating to movables which are within the competence of the authorities of the Contracting Party whose citizen the deceased was at the date of death, unless the application of paragraph 3.
2. the opening of the succession, the succession procedure, as well as inheritance disputes concerning real estate falls within the competence of the authorities of the Contracting Party in whose territory the property is situated.
3. If all of the moveable property of the succession, remaining from the citizen of one of the Contracting Parties, are situated within the territory of the other Contracting Party and if all successors agree, at the request of any successor, or any other person having rights times claim against the estate, the competence lies with the authorities of that Contracting Party.


Article 44 the communication of cases of death 1. In the event that a citizen of a Contracting Party, dies in the territory of the other Contracting Party, the competent authority of that Contracting Party shall notify, without delay, about death the diplomatic mission or consular post of the other Contracting Party, giving at the same time everything he knows about the survivors, their domicile or residence, possessions and the value of the estate, as well as regarding the testament, if it exists. This provision shall also apply where the competent authority of a Contracting Party shall notify the other Contracting Party as citizen, died in the territory of a third State, has left its territory goods.

2. The diplomatic mission or consular post that holds data about a death that took place under the conditions referred to in paragraph 1, and with respect to succession, shall communicate these data to the competent authority for the latter to take the steps necessary to conserve the estate.
3. If in one of the Contracting Parties shall take place on the opening of the succession and are given as there are survivors, nationals of the other Contracting Party, the competent authority shall give notice thereof immediately, the diplomatic mission or consular office of that Contracting Party.


Article 45 the rights of diplomatic missions and consular posts In succession causes the existing in the territory of a Contracting Party, the diplomatic mission or consular post of the other Contracting Party shall be entitled, without a special mandate, where its own nationals are missing and did not appoint a new trustee, to ensure that they are represented in front of any authority.


Article 46 the succession conservation measures 1. The competent authorities of each Contracting Party shall take, without delay, in accordance with the law of their State, the necessary measures for the conservation or management of the property inheritance remaining within their territory following the death of a national of the other Contracting Party, or that would return a national of that Contracting Party.
2. they shall without delay inform the diplomatic mission or consular post of the other Contracting Party of the measures taken under paragraph 1. The diplomatic mission or consular post may participate, either directly or through a representative, to the implementation of such measures. On a proposal from the diplomatic mission or consular post, the measures taken pursuant to paragraph 1 may be changed or cancelled and those to be taken will be postponed.
3. the competence of the Authority under art. 43 (1) will be able to ask for the lifting of the measures taken under paragraph 1.


Article 47 [3] Opening 1. The opening of the will is in the attribution of the competent authority of the Contracting Party in whose territory is situated. Certified copy of the will and of the minutes concerning the opening, and the contents of the will, and the original will, if required, shall be transmitted to the competent authority of the other Contracting Party, if the deceased was a citizen thereof, or if an authority of that Contracting Party is the competence to carry out the succession procedure.
3. the competence of the Authority of the Contracting Party of which the testator was a citizen at the time of death and that has kept the Testament will submit, on request, to the competent authority with taking measures to conserve the estate a certified copy on testament.


Article 48 the teaching sequence 1. Inheritance assets or monies derived from the sale of movable or immovable property inheritance, located in the territory of one of the Contracting Parties and that it is appropriate for some heirs, nationals of the other Contracting Party having domicile or residence in the territory of that Contracting Party or in the territory of a third State shall be handed over, after completing the inheritance procedure, such heirs. If they do not appear in person or through an agent to retrieve property or amounts of money mentioned above, they will be handed over to the diplomatic mission or consular post of the Contracting Party whose citizens are heirs.
2. In the cases referred to in paragraph 1 shall be carried out if teaching: a) of succession taxes have been paid or secured;
  

(b) the claims of the creditors of the deceased) and any other claims in connection with the succession, formulated within the period prescribed by the law of the Contracting Party in whose territory the goods are located or amounts mentioned above have been satisfied or secured;
  

c) the competent authorities have given their approval, which eventually would be required for the export of goods or for transfer of inheritance of sums of money.
  

3. If the citizen of a Contracting Party dies while travelling in the territory of the other Contracting Party, where he had his domicile or residence, the objects that you had to teach without any other procedure, the diplomatic mission or consular post of the Contracting Party of which he was a citizen.


Section III-civil liability in tort in article 49 1. Civil liability in tort shall be determined according to the law of the Contracting Party on whose territory it was committed the act causing the injury.
2. If both the person who caused the injury, and the person who suffered the damage are citizens of the same Contracting Party and residing on its territory, it shall apply the law of that Contracting Party.
3. In cases concerning obligations arising from the offence, jurisdiction lies with the competent authorities of the Contracting Party on whose territory the Act was committed or the injury-causing on whose territory the defendant has his domicile.


Chapter 4 recognition and enforcement of judgments Article 50 Object recognition and enforcement 1. Each Contracting Party shall recognize and agree enforcement on its territory, under the conditions provided for in this Treaty, judgments in the territory of the other Contracting Party.
2. For the purposes of paragraph 1 by means of the judgment) decisions in civil, patrimonial and non-patrimonial, handed down by courts or other competent institutions;
  

(b) Court decisions handed down in) criminal cases, with regard to the obligation of compensation for the damage caused;
  

c) court orders relating to legal costs;
  

d) arbitration.
  

3. For the purposes of this Treaty, the judgment includes the settlements.


Article 51 conditions for recognition and enforcement of judgments and Decisions are made to recognize where the following conditions are met: a) if they are final and likely execution according to the law of the Contracting Party in whose territory they were handed down. In the matter of the maintenance obligation are recognized and provisional decisions, whether they are enforceable in the State of origin;
  

b) if it was not the exclusive competence of the authority breached by the Contracting Party in whose territory they are expected to have their recognition or enforcement;
  

c) if the person bound by the judgment, which has not participated in the process, they handed the summons and the document instituting the proceedings in sufficient time and in accordance with the law of the Contracting Party in whose territory judgment has been pronounced, and in case you do not have the capacity to exercise, i was given the opportunity to be represented in the process;
  

d) where between the same parties concerning the same subject matter and cause of action and the same has not been pronounced a judgment either stood pending court action instituted on the territory of the Contracting Party where they are to be recognized or to be încuviinţeze the execution of the judgment;
  

e) If, in cases in which law should be applied to the other Contracting Party, it follows from the judgment that this law was not enforced. However, no recognition may be refused only for the only reason that the Court which pronounced the judgement of another law, apart from cases where the process concerns the status and capacity of persons, and the solution adopted is different from that which would be reached according to the applicable law;
  

f) If recognition or approval through the execution of the judgment shall not prejudice the public policy of the Contracting Party whose territory is to be recognized or to be încuviinţeze the execution of the judgment.
  


Article 52 application for recognition and Declaration of enforceability 1. The application for recognition and Declaration of enforceability shall be submitted to the Court which pronounced the first court in the case. This request will be forwarded to the authority of the other State powers to încuviinţeze. The application may be submitted directly to it and the authority.
2. The application shall be attached: a) the full text of the judgment, and a certificate that the judgment is final and remained capable of executing, unless it appears from the judgment;
  

(b) the original or copies) certified acts on them, indicating that the person bound by the ruling, which did not take part in the process, i was handed at least once at the time and in due form, summons.
  

3. The application for approval of execution, in the case of decisions concerning court fees, attach a certified copy of a certificate on the determination and indicating that the judgment is final and enforceable.


Article 53 the procedure of recognition and Declaration of enforceability 1. Judgments in the territory of one Contracting Party relating to the civil status of its own citizens to recognize the territory of the other Contracting Party or if, being handed down in a third country, were first recognized in the State of nationality of each of the parties.
2. Decisions relating to other processes than those referred to in paragraph 1 may be recognised provided that the conditions laid down in article 21. 50 and 51.
3. Approval of the execution of judgments is a matter for the economic courts of the Contracting Party in whose territory the enforcement is to be made.
4. The procedure of execution of încuviinţării, and enforcement is carried out according to the law of the Contracting Party in whose territory the enforcement.
5. If the judgment contains the solutions of several matters that are severable, recognition or execution of the consent can be granted separately.

6. Any objection with respect to enforcement will be solved by the Court who nodded.
7. In the face of the Court carrying out the enforcement debtor can pick up only those exceptions that you can invoke the law of the Contracting Party in whose territory judgment has been pronounced.
8. Before the resolution of the request for approval was given, the Court, if it considers it necessary, it may ask the parties in the lawsuit to file certain explanations in writing or complete an application for execution. You may also ask for additional personal information to the Court which pronounced the judgment.


Article 54 the effects of recognition and execution of final Judgments, once recognized or admitted to be executed, they will have the same effects as those given by the competent authorities of the requested Contracting Party.


Article 55 the expenses relating to recognition and enforcement 1. Establishment and approval of expenditures and receipt of execution and enforcement itself shall have the requested court according to the law of the State of her. In these expenses are included and those relating to certification documents.
2. the party which has received, in the Court which pronounced the judgment, the benefits provided for in art. 5 (1) of this Treaty will benefit from the same facilities and in the proceedings for the Declaration of enforceability and execution itself, carried out in the territory of the other Contracting Party.


Article 56 enforcement of judgments concerning court costs If one of the parties in the process, not the subject of bail; 4 of this Treaty, was ordered by a final decision, the other Contracting Party to pay costs, the Court shall have jurisdiction over the territory of the other Contracting Party will, upon request, incuviinta free, execution of these expenses.


Article 57 the recognition and enforcement of arbitral decisions the two Contracting Parties, in accordance with the provisions of the Convention on the recognition and enforcement of foreign arbitral decisions, done at New York on 10 June 1958, will recognize and execute the arbitration on the territory of the other Contracting Party.


Part III-Chapter 1 of criminal legal aid Subject to article 58 legal aid legal assistance in criminal matters shall include: handing over of judicial and extrajudicial documents, statements and invinuitilor the defendants, the hearing of witnesses and experts, conducting surveys, investigations, searches on the spot over of material evidence, as well as other procedural activities related to administration.


Article 59 the application for legal aid application for legal aid in criminal cases must include, in addition to the data referred to in article 1. 15, and brief description of the facts and their legal classification.


Article 60 execution of requests and inform them of the results of the completion of the article. 16, 17 and 18 shall apply accordingly and in criminal cases.


Article 61 Communicating decisions condemning the Contracting Parties shall communicate to the half-yearly data on final decisions handed down by criminal courts, a contracting party against the citizens of the other Contracting Party. This provision shall also apply with respect to the future changes that will occur in connection with the above-mentioned decisions.


Article 62 information from criminal records at the request of the competent authorities of a Contracting Party shall be transmitted, free of charge, the information from the criminal records of persons subject to criminal or tracked worldwide judgment in the territory of the requesting contracting party.


Article 63 refusal of legal aid in criminal cases 1. Legal assistance may be refused if: a) request relate to offences which are regarded by the requested Contracting Party as political offences or offences related to such offences, whether the military offences;
  

(b)) the requested Contracting Party considers that execution of the request for legal assistance is likely to prejudice the sovereignty, security or public order;
  

c) according to the law of the requested Contracting Party, the deed or deeds made in the claim do not constitute a crime.
  

2. The requested Contracting Party shall notify the requesting Contracting Party will state the reasons for refusal of legal assistance.


Chapter 2 Article 64 obligation of Extradition extradition 1. The Contracting Parties undertake to extradite to each other, upon request, under the terms of this Treaty, persons on their territory, in order to be held liable criminally or for execution of punishment.
2. Extradition shall be admissible only if the Act which is the subject of the request for extradition constitutes an offence and, according to the laws of both Contracting Parties.
3. Extradition, prosecution or trial, shall be allowed only in respect of facts whose consummation, according to the laws of both Contracting Parties, a prison sentence of more than a year, and when it is sought to enforce the death penalty, but if the punishment given is greater than 6 months.
4. Consideration of the offence as being punished by the laws of both Contracting Parties shall be subject to the circumstance that the laws of the Contracting Parties be recorded deed in the same category of offence or a using the same terminology.
5. If the request for extradition relates to two or more offences punishable with a prison sentence by the laws of both Contracting Parties, even if only one of them meets the conditions laid down in paragraph 3 of the length of sentence, extradition shall be admissible for other offences.


Article 65 the refusal of extradition 1. The Contracting Parties shall not extradite their-and their own citizens.
2. Extradition will also be refused if: a) the offence was committed in the territory of the requested Contracting Party;
  

(b) the offence was committed) in the territory of the requesting contracting party out, and the law of the requested Contracting Party shall not permit the exercise of criminal action for such offences committed within the territory or outside does not allow extradition for the offence which is the subject of the request for extradition;
  

c) according to the law of one of the Contracting Parties, the offence for which extradition is requested is amnistiată or criminal proceedings may be exercised times judgment cannot be enforced due to the fulfillment of limitation or other legal basis;
  

d) person whose extradition is requested has been sent to the judgement or was sued for the same offence or if in the case was given an order or an order for the cessation of the criminal process in the territory of the requested Contracting Party;
  

e) according to the law of both Contracting Parties, the criminal proceedings may not be brought into motion than the prior complaint of the injured party;
  

(f) the offence is considered) the requested Contracting Party as crime or as a crime connected to such crime;
  

g) the requested Contracting Party has serious reasons to believe that the request for extradition has been submitted in order to pursue or punish a person for reasons of race, religion, gender, nationality, ethnic origin or political opinion or at risk of this situation to be aggravated for one or other of these reasons;
  

h) is required for a military offence.
  


Article 66 fiscal Offenses 1. In terms of fees, taxes, customs and currency exchange, extradition will be granted between the Contracting Parties, in accordance with the provisions of this Treaty, for acts which correspond, according to the law of the requested Contracting Party, an offence of the same nature.
2. Extradition shall not be refused on the ground that the law of the requested Contracting Party does not provide for the same fees and taxes or does not contain the same type of regulatory fees and taxes, customs or currency exchange as the law of the requesting contracting party.


Article 67-Laws attached to the application for extradition at the request of extradition shall be attached: the original or certified copy) on the mandate of arrest or of any document having the same force, delivered in the manner prescribed by the law of the requesting contracting party, and to the request for extradition for the enforcement of the punishment, the certified copy of the judgment on the remaining final;
  

(b) a statement of facts) in relation to which extradition is requested, the time and place of the offence, offence's qualifications and references to statutory provisions that are applicable to it, as well as data on the duration of the punishment carried out thus far; If the offence occurred property damage, shall mention the amount or approximate;
  

c) copy of the text of the law of the requesting contracting party, or in the case that applied;
  

d) to the extent possible, data on the person whose extradition is requested, her citizenship, domicile or residence in her face, and the description, photographs and fingerprints.
  


Article 68 additional data 1. If the data received from the Contracting Party are not sufficient for demanding consideration of the request for extradition, the requested Contracting Party may request their completion. It may fix a time limit which may not exceed two months for submitting additional data. This period may be extended, at the reasoned request of the requesting contracting party, with an additional 15 days.
2. If the person to whom the application relates has been arrested, and the contracting party demanding does not send data requested within that period, the requested Contracting Party can loosen that person.


Article 69 the arrest for extradition purposes

1. After receiving the request for extradition, the requested Contracting Party shall take without delay the measures for the arrest of the person whose extradition is requested, except in cases in which, according to this Treaty, extradition cannot take place. 2. In case of emergency, arrest may occur and before receiving the request for extradition, if they have received an intervention in this respect from the contracting party demanding. The intervention will include, where applicable, the term of arrest of preventive arrest disposition times or final judgment against that person's date and that the extradition request will be forwarded later. Intervention in order to arrest can be made through Interpol, by post, Telegraph, telex, fax or any other means which leaves a written or is permitted by the requested Contracting Party. Demanding authority will be informed as soon as possible about its rate request.
3. the person arrested pursuant to the provisions of paragraph 2 may be offered at liberty if, within one month from the date of dispatch of the notification, no request for extradition is received. This period may be extended by 15 days, at the reasoned request of the requesting contracting party. However, the provisional release is possible at any time, provided that the requested Contracting Party to take any measure which it considers necessary in order to avoid that person to evade.
4. Release does not prevent a new arrest and extradition if a request for extradition is received subsequently.


Article 70 Delaying extradition if the person whose extradition is requested is Nicolae in a pending criminal trial, or if he has been convicted for an offence other than that for which the extradition is requested, the territory of the requested Contracting Party, extradition may be postponed until the end of the criminal trial, until the execution of the punishment handed down or until the final release before its term expires.


Article 71 1 temporary Extradition. If delaying extradition. 70 of this Treaty might entail the expiry of prescription of the criminal action or could bring serious damage to determine the facts, the person whose extradition is requested may be temporarily extradited on the basis of a reasoned request.
2. the person to be extradited temporarily will be sent back immediately after carrying out procedural acts for which he was extradited.


Article 72 Teaching 1. The requested Contracting Party will inform the requesting contracting party in its judgment concerning the extradition.
2. In the case of acceptance, the requested Contracting Party shall be obliged to communicate to the requesting contracting party in place and date of surrender and the length of detention for extradition purposes performed by the person in question.
3. If a Contracting Party fails to take over demanding person on the date fixed for the teaching and if requested a postponement, it can be placed freely within 15 days, calculated from the date appointed for teaching. The requested Contracting Party may refuse extradition for the same deed.


Article 73 Transmission objects 1. The Contracting Parties undertake to convey to each other on request: a) the objects and values that were procured through criminal offence which attracted extradition;
  

b) articles which may have importance as evidence in a criminal cause for which extradition has been requested.
  

2. Objects and values referred to in paragraph 1 shall be transmitted even if extradition of the offender cannot be made due to the death or, circumvent the judgment or for other reasons.
3. If the requested items are required the contracting party required that evidence in another criminal forwarding their cause may be deferred until the completion of the process or can be taught with the condition to be returned.
4. the requested Contracting Party or Rights of third parties in the required objects remain untouched. There are also objects to which the rights of the requested Contracting Party shall be refunded after completion of the procedure, as soon as possible and without expenses.


Article 74 extradition if the person extradited Repetition shall be exempt from criminal prosecution or the execution of the judgment or the penalty and shall be returned voluntarily in the territory of the requested Contracting Party, she will be again be extradited at the request of the requesting contracting party's written, without the required documents. 67. Article 75 extradition Requests received from several States If the extradition is requested simultaneously by several States either for the same deed, either for different facts, the requested Contracting Party shall act taking account of all the circumstances and, in particular, the gravity of the crime and the place, the date of such request, the requested person citizenship and the possibility of a subsequent extraditions of another State.


Article 76 Limits prosecution against the expelled person 1. The person extradited shall not be prosecuted, detained or judgment for enforcement of a sentence or is subject to a restriction of its freedom of the individual, for a previous offence of teaching other than that for which extradition has been requested, or may not be reextradata a third State only in the following cases: a) the State which handed it consents. For this purpose you will need an application, accompanied by the acts provided for in art. 67 and one proceedings concluded by the competent authority containing statements extrădatului. This consent will be given if the offence for which it is requested to be trained itself the obligation of extradition;
  

b) Although it was possible for the person to be extradited has not left the territory of the requesting contracting party within one month from the end of the criminal trial, and in the case of conviction, the sentence or execution if it is returned to the territory of that party. At this time limit shall not count the time in which the person to be extradited has not been able to leave the territory of the requesting contracting party for reasons beyond his control.
  

2. If the qualification date is changed during the crime, the person to be extradited will not be tracked or judgment to the extent that the constituent elements of the crime, the new qualification, would allow extradition.


Article 77 Information about the outcome of the criminal process, the Contracting Parties shall communicate to each other information regarding the outcome of the criminal trial started against the person expelled. If this person was rendered a final judgment, and shall be forwarded a copy of this judgment.


Article 78 Transit 1. Each of the Contracting Parties will permit at the request of the other Contracting Party in the territory of transport or of persons expelled the other Contracting Party by a third State. This provision shall not apply if, under the provisions of this Treaty, there would be an obligation of extradition.
2. The request for transit shall be submitted to and resolved by the same rules as the application for extradition.


Article 79 extradition charges and transit 1. Expenses of extradition shall be borne by the Contracting Party in the territory of which the Act was performed.
2. transit costs will be borne by the contracting party demanding.


Article 80 the way in matters of extradition and transit, central bodies of the two Contracting Parties, referred to in art. 8 of this Treaty, shall communicate directly with each other.


Chapter 3 transfer of criminal prosecution Article 81 is required to start criminal action each Contracting Party shall, at the request of the other Contracting Party, will start in accordance with its own law, criminal proceedings against its citizen, where there are sufficient data as committed in the territory of the other Contracting Party, an act that is prescribed as a criminal offence by the laws of both Contracting Parties.


The application of article 82 of transmission 1. The request for the transmission of criminal proceedings shall be in writing.
2. The application shall be attached to the covering data on offence perpetrated, her legal qualifications and all existing evidence with respect to committing the offence, and to the extent possible, the data referred to in article 1. 67. Article 83 information on solving process Contracting Party whose citizen is the pursued person will notify the other party about the outcome of the criminal trial, and where a final judgment would intervene, and will send a copy of it.


Chapter 4 transfer of sentenced persons in article 84 general principles 1. The Contracting Parties undertake, under the terms of this Treaty, to cooperate in the field of transfer of sentenced persons.
2. any person convicted in one of the Contracting Parties may, under the conditions provided for in this Treaty, to be transferred to the territory of the other Contracting Party, for the execution of the punishment of imprisonment to which he was condemned. For this purpose, the person sentenced may express a desire to be transferred under this Treaty, addressing whether the competent authorities of the Member State of conviction, either those of the State.
3. Transfer can be requested either by the sentencing State or by the State.


Article 85 Conditions of transfer Transfer can take place: a) if the sentenced person is a citizen of the State of implementation;
  

(b) if the judgment of condemnation) is final and enforceable;
  


(c) the penalty) if the duration of imprisonment, which has condemned a run from the date of application for registration of a transfer is at least 6 months. In exceptional cases, the parties may agree to the transfer, when the length of the sentence remaining to be executed is less than 6 months;
  

d) if the sentenced person or, when, for reasons of age or physical condition of the times, one of the parties consider it necessary, the legal representative consents to the transfer;
  

e) if the deed for which he pronounced judgment of conviction shall constitute an infringement under the law of the Contracting Party of which the citizen is condemned;
  

f) if both Contracting Parties have agreed on the transfer.
  


Article 86 the communication of information 1. The competent authorities of the Member State of conviction shall communicate to any other citizen convicted of State, able to obtain, under the conditions provided for in this Treaty, and to enforce the death penalty in the State of which he is a national.
2. If the convicted person is expressing, in addition to the State conviction, a desire to be transferred, the Member State must inform the runtime state, as soon as possible after the judgment remained definitive.
3. the information shall contain: (a) the name, date and) place of birth the convict;
  

b) when possible, address the State of execution;
  

(c) a statement of the facts) that led to the conviction;
  

(d) the nature, duration and) date when he started serving.
  

4. If the convict expressing addition execution State desiring to be transferred, the sentencing State shall notify that State, upon its request, the information referred to in paragraph 3.
5. The convict must be informed in writing of any decision taken by one of the two countries in connection with the transfer application.


Article 87 transfer application and documents annexes 1. Transfer application must be made in writing.
2. The application shall be attached: a) an act stating that the person convicted is a citizen of the State of implementation;
  

b) copy of legal texts, from which it follows that the conduct that led to the conviction of the person to be transferred shall constitute offences in terms of the rule of law;
  

c) certified copy of the judgment of conviction on, noting that it is final, and a copy of the text of the law applied in the case of that;
  

d) acts which shows the length of the penalty already enforced and arrest, and the length of sentence to be enforced;
  

(e) a statement of the consent) to transfer;
  

f) other acts, if the competent authority of the Member State of conviction necessary to consider their communication.
  

3. If one of the two States deem it necessary, may require additional documents or data.


Article 88 the consent to transfer 1. The convict must give consent to voluntarily transfer and in full knowledge of the legal consequences arising from this. The procedure is that provided by the law of the State conviction.
2. the State of conviction must give the State the possibility of execution, by means of a consular officer if the consent to the transfer was given to compliance with the conditions referred to in paragraph 1.


Article 89 the way the problems of teaching in order to execute convicts, sentences, justice ministries of the two Contracting Parties shall communicate directly with each other.


Article 90 Communication problem solving application the requested Contracting Party shall inform the applicant contracting party, in writing as soon as possible, about the agreement or refusal of transfer.


Article 91 Teaching detainee transfer if the proposal is accepted, the competent authorities of the two Contracting Parties shall agree immediately on the place, date and modalities for the transfer of the sentenced person.


Article 92 the bringing into force of the sentence 1. The punishment is executed on the basis of the judgment handed down by the Court of the State conviction.
2. However, the Court jurisdiction of the State of execution decides, through a court order, on the manner of enforcement of the judgment pronounced in the sentencing State.
3. If the nature or duration of the sentence pronounced in the sentencing State does not correspond with the laws of the State, this latter State, by court order, can adapt to the penalty provided for by its own law for offences of the same nature. This penalty will be applied as appropriate punishment by way of a conviction. By nature or by its duration, this penalty may not aggravate the pronounced one in convicting State, nor exceed the maximum level laid down by the laws of the State of execution.
4. Part of the punishment which was executed in the State of conviction shall be deducted from the duration of the punishment laid down by the Court of the State of design, if the penalties are the same way. If the Court determines a punishment other than that applied by the judgment of conviction, to determine the nature and duration of the penalty is part of the consideration the penalty enforced.
5. The punishment handed down by way of best;, on conviction, to the extent that is required under the law of the Contracting Party of which the citizen is not condemned and executed in the State.
6. A copy of the judgment of the Court of the State of implementation shall be communicated to the competent authority of the other State.


Article 93 applicable law 1. Serving is done according to the law of the State, which is the only competent to take any decision.
2. the State of conviction is only competent to review the judgment of conviction by judicial remedy. horses
3. Each Contracting Party may grant pardon or amnesty, according to his law.


Article 94 termination of execution state of conviction shall inform the State of execution of any judgment or measure which has the effect of removing enforceability of the death penalty. In that case, the execution must stop serving.


Article 95 information on execution of punishment execution State shall inform the sentencing State in connection with the execution of the sentence: a sentence at the end);
  

b) in the event of escape of the sentenced person;
  

c) if the State sentencing them requesting information in connection with the execution of the death penalty.
  


Article 96 Transit 1. Each Contracting Party shall, upon request, authorize the transport in transit through the territory or of the other contracting party nationals transferred for enforcement of criminal sentences by a third State in the State whose citizens they are.
2. The request for transit shall formulate and solve it according to the provisions of this Treaty relating to the transfer of sentenced persons.


Article 97 transfer costs the costs of transfer of sentenced persons shall be borne by the State, with the exception of expenses incurred exclusively in the territory of the State conviction.


Part V final provisions Article 98 disputes any dispute resulting from the application of this Treaty shall be resolved diplomatically.


Article 99 the ratification and entry into force of the Treaty this Treaty will be subject to ratification and shall enter into force on the 30th day following the date of the exchange of instruments of ratification.


Validity of article 100 of the Treaty this Treaty is concluded for an unlimited duration. Each of the two Contracting Parties may denounce it by a notification in writing. Denunciation will take effect after the passage of one year from the date of notification.
Done at Chişinău on 6 July 1996, in two originals, both texts having the same validity.
In witness whereof the respective plenipotentiaries of the Contracting Parties have signed this Treaty and have affixed their seals.
For Romania, Teodor Viorel Mady For Republic of Moldova Mihai Popov — — — — — — — — — — — — — — —