Actul notarial și forța juridică a acestuia în acord cu legislația Republicii Moldova și a României
Notarial act and its legal force in accordance with the legislation of the Republic of Moldova and of Romania

Summary/Abstract: The legal regime of the notarial act in the legislation of the Republic of Moldova and in that of Romania is a relatively new topic, particularly up-to-date, complex and extremely tempting through the problems that need to be solved. This subject is distinguished by the controversies it generates, but also by the diversity of the practical solutions that can be identified. The development of the commercial activities and the extension of the access to the markets for sales of goods requires an in-depth research on the legal nature of the civil act in general and of the notarial act in particular, by forwarding some proposals for improving the normative basis, in the interest of strengthening the constitutional regime and the civil circuit. In the Republic of Moldova there is a long process of formation and consolidation of the notarial legislation. In the absence of a well-developed normative framework, the notaries public in the Republic of Moldova apply, sometimes, the rules for carrying out notarial acts inherited ever since the period of the Soviet Union. Another situation exists in Romania, whereas the legislator, by the Law No 36/1995, has established a stable normative framework for regulating the notarial law relations. The main purpose pursued by the authors in the elaboration of the present article consists in the comparative analysis of the legal regime of the notarial acts in the light of the Romanian legislation and of the Moldovan legislation. The results of the research are manifested by formulating some conclusions and recommendations to amend the legislation. The theoretical implications of the study are relevant through the diversity of the doctrinal sources used by the authors. Additionally, it was taken into account the doctrine of the notarial law of the Russian Federation, which, over many decades, has become traditional in the Republic of Moldova.

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