Posibile dificultăți generate de modul reglementării condițiilor de prelungire tacită a contractului de locațiune
Possible difficulties generated by the method of regulating the conditions of the tactile extension of the rental contract
Author(s): Grigore ArdeleanSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: contract; lease; rent; lessee; lessee right of use; possession; usufructuary; property right; acquisition prescription;
Summary/Abstract: A rather important aspect in determining the period of the rental contract, obviously, is the term for which it was concluded. If the parties avoid setting a term, in the plan of the maximum period, the legislator grants a term of 99 years, and the parties can dissolve the contractual relationship based on a notice. A special situation is that of the fact that when the term of the contract expires, the parties tacitly continue to execute its conditions, its land being automatically extended for an indefinite period. Namely, this situation can create many difficulties in the subsequent resolution of the contract in the absence of specifics that were to be made by the legislator on this occasion. In context, the present study comes up with some alleged situations of ambiguity in this matter, trying to provide clear and viable solutions.
- Issue Year: 1/2022
- Issue No: 16
- Page Range: 132-140
- Page Count: 9
- Language: English, Romanian
