9. Tacita relocațiune. Contract în derulare la data deschiderii procedurii insolvenței și nedenunțat. Evacuare locatar aflat în insolvență
9. Tacit relocation. Contract in progress at the date of the opening of the insolvency proceedings and undisclosed. Evicting an insolvent tenant

Summary/Abstract: According to Article 1810 of the Civil Code, „if, after the expiration of the term, the lessee continues to possess the asset and fulfill its obligations without any opposition from the lessor, a new lease is deemed to have been concluded under the same conditions as the previous one, including in respect of guarantees. However, the new lease shall be for an indefinite duration unless otherwise provided by law or by the parties' agreement”. Furthermore, in the case of a debtor in insolvency, the provisions of Article 123 paragraph (1) of Law No. 85/2014 establish special rules regarding the duration of ongoing contracts, stipulating that such contracts, „are deemed to remain in force as of the date of the opening of the proceedings, with Article 1417 of the Civil Code being inapplicable. (...) In order to maximize the value of the debtor’s assets, within a prescription period of three months from the date of the opening of proceedings, the judicial administrator or the judicial liquidator may terminate any contract, including unexpired leases and other long term contracts, provided that such contracts have not been fully or substantially performed by all parties involved”. The method by which the debtor lessee may terminate an ongoing lease contract is provided in Article 123 paragraph (7) of Law No. 85/2014, requiring the judicial administrator or liquidator to exercise the right of option in compliance with the statutory notice periods set forth in Articles 1824 and 1825 of the Civil Code.

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