MOLDOVA Law and Practice Contributed by: Vladislav Roșca, Ina Jimbei and Mădălina Luca, EFRIM, ROŞCA & Associates
5.5 Legal Privilege Moldovan legislation recognises the concept of legal privilege. Accordingly, an attorney cannot be com- pelled to testify in court regarding information received in the course of providing legal assistance, as the law requires such information to remain confidential. 5.6 Rules Disallowing Disclosure of a Document Other than the provisions set out in 5.1 Discovery and Civil Cases and 5.5 Legal Privilege , no additional rules exist that allow a party to refuse disclosure of a document. In Moldova, what common law systems call “injunc- tive relief” corresponds to interim protective meas- ures, which are intended to ensure that the court’s final judgment can be effectively enforced. The appli- cant should show: • that the claim is prima facie well-founded; • a specific risk (eg, asset dissipation); • proportionality; and • a link between the requested measure and the claim. The parties can request the following types of interim protective measures: • the seizure of bank accounts and goods; • prohibition of the defendant and other persons committing certain acts; • suspension of the sale of the seized assets con- cerned; and • suspension of the forced execution of goods, based on an enforceable document. 6. Injunctive Relief 6.1 Circumstances of Injunctive Relief At a party’s request, the court can apply other forms of interim protective measures if there is a risk that the defendant may alienate his or her assets and if the non-application of the relief would make future execution of the judgment impossible.
One interim protective measure can be substituted for another. All such measures are granted by the court exclusively upon a party’s request. Injunctions to prevent parallel proceedings in another jurisdiction are not recognised under Moldovan law. 6.2 Arrangements for Obtaining Urgent Injunctive Relief The court shall order interim protective measures on the same day it receives the request, regardless of the urgency of the matter. If the request for interim protective measures is filed with the claim, the court decides on it when ruling on the claim’s admissibility. The ruling is enforceable immediately but may be appealed within 15 days. The successful party must promptly present the ruling to the bailiff for execution immediately after it is issued. 6.3 Availability of Injunctive Relief on an Ex Parte Basis Interim protective measures are obtained on an ex parte basis and the court’s decision is based only on grounds and evidence submitted by the plaintiff. The parties are generally not notified, and no opinions from the defendant are requested. However, if the request is submitted during the trial hearing and the defendant is present, or in adminis- trative proceedings, the defendant may be given the opportunity to argue against the request. 6.4 Liability for Damages for the Applicant The court might order, at the defendant’s request, the payment by the plaintiff of a bail covering the pos- sible damages incurred by the defendant as a result of the application of that interim protective measure. If the bail is not deposited within the term, the interim protective measure is cancelled. If the judgment regarding the rejection of the plaintiff’s claims becomes irrevocable, the defendant is entitled to bring a claim against the plaintiff for compensa- tion for the damages caused by the interim protective measure. When the defendant fails to bring a claim within two months, that plaintiff is entitled to request the return of the bail deposited.
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