Particularitățile tranzacției de împăcare și concilierea părților în procedura de executare a Republicii Moldova
Particularities of the reconciliation transaction and the parties’ conciliation in the enforcement procedure of the Republic of Moldova

Summary/Abstract: The parties’ conciliation in the enforcement procedure of the Republic of Moldova shall represent a mandatory stage of the enforcement procedure. Thus, art. 61 of the Enforcement Code of the Republic of Moldova shall impose the parties’ conciliation on the bailiff, and certain concrete actions are regulated to this end, to be performed by the bailiff and their effects, as well. These regulations outline the particularities of the parties’ conciliation as a stand-alone stage of the procedure of initiating enforcement together with its own duties and acts.It is obvious that the parties are entitled to close a transaction not only during the civil trial, but also during any stage of enforcement, by which it should agree upon the terms and conditions of the enforcement of the respective enforceable document. This facility is provided by law as a fundamental right of the parties – in the light of the availability principle [par. (2) of art. 4 of the Enforcement Code of the Republic of Moldova]. However, closing the reconciliation transaction within the enforcement procedure shall involve certain procedural, but also conceptual particularities in co-relation to the legal nature of the power of the enforceable legal instrument.

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