Moldova - Attachment of Assets
Irina Moghiliova, Partner, Brodsky Uskov Looper Reed & Partners, Consultants & Legal Advisors
Alexandr Munteanu, LL.M., Brodsky Uskov Looper Reed & Partners, Consultants & Legal Advisors
Originally from Attachment of Assets
1. What is the general nature and effect of judicial measures available for plaintiffs to obtain provisional relief affecting property of debtors to obtain security for judgments to be obtained (“attachments”)? Freezing property in place? Placing it in the custody of a third party, such as a court official, sheriff or marshal?
In view of guaranteeing effective and complete restoration of infringed rights of natural persons and legal entities the legislation on civil procedure of Republic of Moldova provides the institution of securing the claim (including the attachment of assets). The given institution guarantees the possibility of realization of plaintiff’s claims in case of satisfaction of a lawsuit.
The significance of the given institution is that it protects plaintiff’s lawful interests in cases of the defendant’s unfair actions or impossibility of the court judgment execution entailed by not undertaking certain measures. Plenum of the Supreme Court of Justice of RM indicated in one of its decisions that the “action security effectively contributes to further execution of pronounced court judgments and consequently is an effective protection of the individual rights of the parties of litigation.”1
The order of attachment institution is not an innovation in the civil procedure legislation of the Republic of Moldova. The order of attachment was provided in the previous Civil Procedure Code of December 26th, 1964 (partially stale)2 and is regulated by the new Civil Procedure Code of the Republic of Moldova of May 30th, 2003 (chapter XIII). According to article 175 of Civil Procedure Code of the Republic of Moldova in view of an order of attachment, the court is entitled: