The foreigners’ legal status in Moldavia, in the first half of the 19-th century
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DARIESCU, Cosmin. The foreigners’ legal status in Moldavia, in the first half of the 19-th century. In: International Conference of Young Researchers , 6-7 noiembrie 2008, Chişinău. Chişinău: Tipogr. Simbol-NP SRL, 2008, Ediția 6, p. 179. ISBN 978-9975-70-769-5.
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International Conference of Young Researchers
Ediția 6, 2008
Conferința "International Conference of Young Researchers "
Chişinău, Moldova, 6-7 noiembrie 2008

The foreigners’ legal status in Moldavia, in the first half of the 19-th century


Pag. 179-179

Dariescu Cosmin
 
Alexandru Ioan Cuza University of Iaşi
 
 
Disponibil în IBN: 26 mai 2021


Rezumat

According to the provisions of paragraphs 2,6,45,46 and 47 of the Code Calimach (enforced in Moldavia, on October 1, 1817) and of other Moldavian subsequent laws, it is possible to outline the foreigner’s legal status in Moldavia, during the first half of the 19-rh century. Thus, on the Moldavian territory, the foreigner’s legal capacity was regulated by the provisions of the Moldavian laws, as well as the juridical acts the foreigner could conclude there. As a principle, foreigners had the same civil rights as Moldavians, with the exclusion of those rights for which the Moldavian law required either the Moldavian citizenship or the attribute of Orthodox Christian (or both conditions). Among the civil rights denied to a foreigner (because they were granted by the Moldavian law only if one or both the above cited restrictions were fulfilled) we should mention: the right to be appointed in public offices (paragraph 45 of the Code Calimach), the right of ownership over the land estates that could not have as titular a Jew or an Armenian (according to paragraph 1430 of the Code Calimach), the right to enter into a marriage (paragraph 91 and paragraph 120 point 3 of the Code Calimach) and the right to testify about a spoken testament (paragraph 752 of the Code Calimach). The majority of the above mentioned incapacities were not restricted to foreigners, but they were also enforced for Moldavians of other religious faiths than that of the Eastern Christian Church. The Code Calimach provided in paragraph 2009 that the foreign creditor had, over a Moldavian bankrupt debtor, the same rights which are granted by the foreign law to a Moldavian creditor. According to article 427 of the Constitutional Regulation of Moldavia (1831, revised in 1835), the inhabitants of Walachia were not considered foreigners in Moldavia, but they had a legal status which was nearly identical to Moldavians’ status.

Cuvinte-cheie
legal status of foreigners, Moldavia