Moldova to unify the regulatory framework related to real estate registration.
This is provided for by relevant amendments to the Law on Cadastre of Real Estate and other laws, passed by the Parliament in the second reading to ensure a unified regulatory framework related to the registration of real estate. The bill was drafted by the Agency for Land Relations and Cadastre. The document provides for harmonization of the Law on Real Estate Cadastre with the provisions of the new Law on Condominium. It also makes adjustments to the provisions of the Law on Notary Procedure, which relate to ensuring the integrity of multi-page documents submitted for registration in the Real Estate Registry. It is stipulated that if the document submitted by the applicant consists of 2 or more pages, they must be numbered and sewn, stapled or stitched together in such a way as to ensure the integrity of the document. At the same time, the amendments concerning the adjustment of some provisions of the Civil Code stipulate the necessity to know the laws of other countries in order to assess whether the documents issued/completed by the authorities of a foreign country are appropriate and sufficient to certify the owner's right to real estate located in Moldova. In this respect, taking into account the experience of other states, which, in order to certify the content of a foreign law, require the opinion of a notary of this state, a lawyer or a diplomatic mission accredited in the territory of this state, it is proposed to introduce a similar approach in the national legislation. Thus, in case of supporting documents issued by foreign authorities, in order to ascertain the content of a foreign law, depending on the circumstances, the registrar, through the Ministry of Justice, may submit a request for information on the content of the foreign law or the applicant will submit the opinion of a foreign notary, lawyer or diplomatic mission accredited on the territory of Moldova. An example of application of such provisions is the inclusion of real estate in our country in the authorized capital of foreign commercial companies or the opening of inheritance in other states. Another adjustment of the provisions of the Civil Code concerns the registration of mortgages, both in case of sale of the pledged property and in case of acquisition of the property by the mortgagor. // 30.11.2023 - InfoMarket.
