of October 26, 2000 No. 1316-XIV
The parliament accepts this code.
(1) the Family legislation consists of of this Code and other regulations adopted in cases and in the limits provided by this code.
(2) the Government has the right to adopt the regulations concerning law of domestic relations in the cases provided by this code, other laws and presidential decrees of the Republic of Moldova.
(3) in the presence of contradictions between this code and the international treaties and conventions regulating the family relations signed by the Republic of Moldova the international standards are applied.
(1) the family and the family relations are In the Republic of Moldova under protection of the state.
(2) Braque registered by the bodies authorized by the law to register the facts and events of civil status, attracts emergence of the rights and obligations of the spouses provided by this code.
(3) Regulation of the family relations is performed according to the principles of monogamy, voluntariness of the marriage union of the man and woman, equality of spouses in family, rendering mutual moral and material support, storage of conjugal fidelity, priority of education of children in family, manifestations of care of content, education of minor and disabled family members, protection of their rights and interests, permissions of intra family problems by mutual consent, inadmissibility of any intervention someone in cases of family, easy access to judicial protection of the rights and interests of family members.
This code establishes conditions and order of registration, the terminations of scrap and recognition by its invalid, governs the personal non-property and property relations evolving from scrap, the related relations and adoption and also other social relations similar to family.
For the purpose of settlement of the stipulated in Article 3 personal non-property and property relations between family members which are not regulated by the family legislation the civil legislation in part in which it does not contradict being of the family relations is applied.
(1) Persons who are married have the equal rights and perform identical duties in the family relations, regardless of floor, race, nationality and ethnic origin, from language, religion, political and different views, from property status and social origin.
(2) the Family rights and obligations of persons, according to performing and performing them, cannot be yielded to the third parties.
(1) Physical persons at discretion dispose of the rights belonging to them following from the family relations if other is not established by this code.
(2) Implementation of the family rights and execution of family obligations shall not infringe at the rights, interfere with fulfillment of duties, break freedoms and legitimate interests of other family members and other persons.
(1) the Family rights are protected by the law, except as specified, when they are performed in contradiction with their appointment or with legal predusmotreniye.
(2) the Family rights are protected by competent authorities of public management, and in certain cases mediators and degrees of jurisdiction.
(3) Methods of protection of the family rights are established by this code, other laws and regulations.
(4) In case of any family fight or dispute which constitutes or can constitute danger to physical and intellectual development of the child or which does harm or infringes upon its legitimate interests the body of guardianship recommends to the family members who are in the conflict or dispute to resolve him within mediation process.
(1) On the requirements following from the family relations, limitation period does not extend, except as specified, when term for protection of the violated right is specially provided by this code.
(2) By consideration of requirements which follow from the family relations degrees of jurisdiction apply the regulations regulating limitation period according to the rules provided by the relevant articles of the Civil code.
(1) Braque is registered the bodies authorized by the law to register scrap.
(2) the Legal rights and obligations of spouses arise from the date of scrap registration.
(1) the Application for registration of scrap is submitted by personally future spouses to body, authorized to register scrap.
(Future spouses shall specify 2) In the statement for scrap registration for lack of the obstacles provided by the law for scrap registration.
(3) Filing of application about registration of scrap is performed according to the procedure, established by regulations for state registration of the facts and events of civil status.
(1) are necessary For registration of scrap the disinterested, not caused by something mutual consent of the man and woman personally expressed, marrying, and also achievement of age of consent by them.
(Persons marrying shall report 2) each other about condition of the health.
The place of registration of scrap and procedure for filing of application about registration of scrap are established by the Law on acts of civil status No. 100/2001.
(1) Persons marrying are exposed can be exposed from their informed consent to free physical examination for the purpose of detection at them of diseases or causative agents of diseases which can be transferred to children.
(2) About results of physical examination it is reported only to the inspected person.
(3) the Procedure, terms and amount of physical examination of persons marrying are established by the Ministry of Health, work and social protection.
(The Minimum age of consent makes 1) 18 years.
(2) in the presence of reasonable excuses the age of consent can be reduced, but no more than for two years. Decrease in age of consent with the consent of parents or the minor's parent if the minor has only one parent, and in case of absence of parents – with the consent of body of guardianship is allowed.
(1) registration of scrap is not allowed between:
a) persons from whom at least one is married;
b) relatives in a straight line, and also between relatives on sideline to the fourth knee inclusive;
c) ceased to be valid according to the Law of the Republic of Moldova of 10.07.2025 No. 222;
d) ceased to be valid according to the Law of the Republic of Moldova of 10.07.2025 No. 222;
e) the custodian and the minor who is under its guardianship during guardianship;
f) persons, concerning at least one of which establish measure of judicial protection (temporary protection, guardianship or guardianship) and there is no permission required by the law for scrap registration;
g) persons condemned to imprisonment when both serve sentence;
h) same-gender persons.
(1-1) in case of adoption of provision of Item b) parts (1) are applied as between persons which became relatives according to the procedure of adoption and between those whose natural relationship stopped as a result of adoption.
(Any person can declare 2) the disagreement on scrap registration if there is legal obstacle or other requirements of the law, by giving in body are not observed, authorized to register scrap, applications in which the bases with appendix of the corresponding proofs are stated. Body, authorized to register scrap, shall check objections for registration of scrap based on civil registrations, the produced evidence, and also based on information provided by other competent authorities and organizations. Consideration of the application about registration of scrap stops before check completion. If as a result of check of objections on registration of scrap obstacles or failure to carry out of other requirements of the legislation prove to be true, the authorized body shall refuse scrap registration.
(3) If after registration of scrap it is determined that it was concluded in the presence of one or several obstacles provided by part (1), or rendering services in acts of civil status according to the statement of one of spouses perhaps only after establishment of the status of previous marriage by degree of jurisdiction contradicts the principles of law of domestic relations, depending on circumstances – after recognition of scrap by the prisoner in the presence of obstacle according to the law.
(1) All issues of family life are resolved by spouses jointly, according to the principle of their equality in the family relations.
(2) Each of spouses has the right to continue the study, occupational work or to choose them at discretion.
(3) as a result of the independent, free choice of the spouse determine the place of the residence.
(4) the Relations between spouses are based on mutual respect and mutual assistance, on execution of general obligations on maintenance of family, on care of children and their education.
(1) In case of scrap registration each of spouses at will can keep the premarital surname or take surname of one or other of them or their surname formed by connection.
(2) Connection of surnames is not allowed if at least one of them double. Perhaps partial connection of compound surname.
(3) Change of surname by one of spouses does not attract change of surname by other spouse.
(4) After annulment of marriage of the spouse can keep the surname chosen in case of scrap registration or depending on circumstances to recover the premarital surname.
(1) the Non-property relations between spouses are regulated by this code.
(2) Spouses shall support morally each other and keep conjugal fidelity.
(1) the Property acquired by spouses during scrap falls under the mode of joint property.
(2) the Legal mode of property of spouses is effective if the marriage agreement does not establish other.
(1) the Property acquired by spouses in the period of condition in scrap according to the legislation belongs to both of them by the right of joint property.
(2) the Joint property of spouses is constituted by the property acquired for the account:
a) income of each of them gained as a result:
- labor activity;
- business activity;
- intellectual activities;
b) awards, remunerations and other payments except for issued as compensation (financial support, compensation of damage in connection with damage of health, etc.);
c) other general means.
(3) the Joint property of spouses are the personal and real estate created, founded or acquired at the expense of general means, the securities acquired at the expense of such means, deposits, capital shares in financial institutions and commercial societies, and also other property acquired during scrap even if it is acquired or enclosed addressed to one of spouses.
(4) the Right to joint property belongs to the spouse and if he had no independent income in connection with housekeeping, care of children or on other reasonable excuses.
(5) the Joint property of spouses is constituted by the property acquired by them from the date of registration of scrap about day of its termination. Upon the demand of the interested spouse not guilty of annulment of marriage, the degree of jurisdiction has the right to recognize the property acquired by it during separate accommodation with other spouse, its property.
(1) Spouses by agreement own, use and dispose of common property.
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