18. Contract de închiriere. Interpretare. Încetare anticipată în caz de forță majoră. Consecințe. Timbraj. Suplimentare. Petit subsidiar. Cauză distinctă
18. Lease. Interpretation. Early termination in case of force majeure. Consequences. Stamp duty. Extra. Ancillary claims. Distinct cause

Summary/Abstract: The commercial contract has a strong economic content, which implies, beyond the legal perspective, also elements of judgement as to its economic expediency and efficiency. In other words, the contract is made up of contractual provisions on which the parties have agreed, but above all, the contract is made up of money, each clause representing an economic value and quantifiable in money. The higher the economic value of the contract, the more complex the negotiation, as each clause becomes relevant in terms of its economic value. Therefore, the deeply economic nature of the contract, both as a whole and individually, assigns the same legal status to each clause, because all clauses become important. The inclusion in the parties' contract of a specific clause providing for early termination of the contract in the event of a case of force majeure extending for more than 30 days, which, unlike the rules of common law, could be activated by either party, allows the application of the theory of contractual risk, which the parties agreed to share in the manner provided for in the contract, so that the lessee could not be obliged to pay the price of the lease after the impossibility of use had occurred, if the property subject to the lease could no longer be used for the purpose for which it was intended.

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