MOLDOVA Law and Practice Contributed by: Vladislav Roșca, Ina Jimbei and Mădălina Luca, EFRIM, ROŞCA & Associates
• pecuniary – ie, expenses incurred or to be incurred by the injured person to restore the infringed right or legally recognised interest, the destruction or deterioration of his or her property (actual damage), as well as the profit lost as a result of the infringe- ment of the right or legally recognised interest (lost profit); or • non-pecuniary – ie, physical and psychological suf- fering, the diminution of quality of life, and biologi- cal damage. Under the Civil Code, a creditor may claim legal inter- est for delay. Special laws or contracts may provide for penalties. Depending on the penalty clause type, the creditor can claim: • damages in addition to the penalty (inclusive); • either damages or the penalty (alternative); • damages exceeding the penalty (punitive); or • only the penalty (exclusive). Punitive damages in the common law sense are gen- erally not available, and damages must be proportion- ate and justifiable. 9.3 Pre-Judgment and Post-Judgment Interest The successful party may claim pre-judgment interest for the period from the submission of the statement of claim until the date of the judgment. Typically, the interest is requested in the initial claim, and a recalcu- lation may be submitted closer to judgment to reflect the updated period. Within the enforcement procedure, the bailiff, at the creditor’s request, calculates and collects interest for the period between the enforcement title and the actual execution of the obligation. No specific statutory limits apply to pre- or post-judg- ment interest, apart from the three-year limitation for accrued interest. 9.4 Enforcement Mechanisms of a Domestic Judgment If the judgment is not voluntarily executed, the party may submit a request to the same court that issued the judgment for the issuance of an enforcement title.
The creditor then files the enforcement title with the bailiff. In certain cases (reinstatement to the workplace and payment of the salary for the entire period of forced absence from work; compensation for damages caused to the state, etc), the court itself transmits the enforcement title directly to the bailiff. The enforceable title may be presented for enforcement within three years from the date the underlying court judgment becomes final. 9.5 Enforcement of a Judgment From a Foreign Country Foreign judgments are recognised and enforced according to the international treaties to which Mol- dova is a party, or on the principle of reciprocity. A foreign judgment can be duly recognised and enforced within three years from the date the judg- ment is considered final. The request shall be filed to the court in whose territorial jurisdiction the enforced execution shall be performed. The request for the recognition and enforceability of the judgment shall be examined in a court hearing, and that court can order the recognition of the judg- ment or its refusal. A refusal is subject to appeal. The judicial review system comprises two levels of appeal: appeal and recourse (appeal in cassation). As a general rule, judgments of first-instance courts may be challenged by both appeal and recourse. How- ever, there are certain exceptions. For instance, small claims cases (up to ten times the average monthly salary, which is MDL16,100 in 2025) may be chal- lenged only by appeal, while judgments of the Courts of Appeal acting as courts of first instance may be challenged only by recourse. Appeals are submitted to the competent Court of Appeal, while recourse is examined by the SCJ. 10. Appeal 10.1 Levels of Appeal or Review to a Litigation
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