Thus, an amendment concluded after October 1, 2011 to extend the term of a lease subject to the old Civil Code can reasonably be considered a new contract with respect to a new legal lease agreement, which is therefore created under the New Civil Code. In that case, it would be difficult to argue that the only contractual element governed by the New Civil Code is the duration of the contract and that other rights and obligations remain subject to the old legislation; Without the additional extension, there would be virtually no right and/or obligation after the initial expiry date of the contract. Therefore, we consider that the reasonable interpretation is that such an agreement, which was concluded after the 1st From the date of entry into force of the extension of the life span, the new Civil Code governs the new Civil Code. This is also the direction that the practical case seems to be taking, although the courts` approach is not yet uniform. Romanian legislation allows foreign legal persons to acquire a lease on a country located in Romania or to acquire a right of use on land (either a concession right granted by the State or by a public authority, or a right of transfer or a right of usufruct over the country). Under Romanian law, there are no special requirements with regard to the form of a lease or a contract for the assignment of a right of use to land, with the exception of the above-mentioned registration requirements. “The new VAC booth is one of the best electronic resources I`ve ever experienced in 21 years of labour law. The information is fast, useful and easy to navigate. Thank you for offering it and please continue indefinitely!! » 2. What do you need to know if your lease is covered by the New Civil Code due to the modification of certain essential conditions? The new provisions of the new Civil Code compared to the previous ordinance concern both the new rights of landlords and many new rights of tenants, who have extensive rights and guarantees. These include the tenant`s preferential right to benefit from a new rental contract on equal terms to that offered to a third party, the tenant`s right to carry out repairs directly that the lessor does not carry out (with the risk for the lessor of losing certain contractors` guarantees), to reduce from 40 days to 10 days the time limit set by the lessor to carry out urgent repairs, and the right of the landlord to sue the subtenant directly for unpaid rents.
More than 6 years after the amendment of the Civil Code with its multiple effects on rental contracts, landlords and tenants are generally well informed and can negotiate their contracts with full understanding and awareness….