THEORETICAL ASPECTS OF THE LOCATION CONTRACT IN THE OLD AND NEW CIVIL CODE
THEORETICAL ASPECTS OF THE LOCATION CONTRACT IN THE OLD AND NEW CIVIL CODE

Summary/Abstract: In analyzing the differences in the regulation of tenancy in the light of old and respectively of the New Civil Code, we start to mention the fact that the entry into force of the new Civil Code on October 1, 2011 – as approved by Law no. 287/2009, it has made substantial changes to the material contracts, including lease agreement, which is subject of this article.It should also be noted that those lease contracts concluded before the entry into force of the new code in terms of legal treatment, remain governed by the old rules, but not the same we can say about addenda subsequently concluded that fall under current law. The exceptions to this rule, however, there is provided specifically for the New Code, such as the direct action of the owner against the subtenant contracts of sublease concluded after October 1, 2011, but arising from lease contracts concluded before that date and tacit relocatable to be governed by the provisions of the New Civil Code if the term of lease expires after entry into force of the new Civil Code.

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