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THE LAND LEASING AGREEMENT IN THE NEW CIVIL CODE

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Author(s): LIVIA MOCANU

Journal: Challenges of the Knowledge Society
ISSN 2068-7796

Volume: 3;
Issue: -;
Start page: 310;
Date: 2013;
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Keywords: land leasing | landlord | tenant | first refusal | sublease

ABSTRACT
Since ancient time this type of agreement was thought to have a special utility in exploiting the land property. The land leasing agreement is a juridical instrument specific for exploiting agricultural goods at present time as well. Therefore, after 1990, the land leasing agreement was regulated by Law no.16/1996 of the land leasing, complemented by the dispositions of the Civil Code in 1864. The new Civil Code regulates the land leasing agreement in art. 1836-1850 and although mainly keeping the old regulation which, it also comprises aspects of novelty referring to several notions that define the contract, as well as the form, duration, parties’ ability, managing risks or termination of the land leasing agreement. Thus, an improved and better adapted to the new realities juridical regime is shaped, and we aim at analyzing it in the present study.
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