romanian english

Codrin MACOVEI: Risk of loss in rural leases

Abstract: For those whose financial capacity is insufficient to access property, the lease allows at least to acquire the security of tenure to operate. But we talk of a fragile enjoyment. The loss of the thing leased as a result of force majeure is bore by the lessor. Owner of the thing, it bears the risk of its loss, as well as those of the contract as debtor of the obligations to the lessee; it can not, therefore, continue to be entitled to payment of rent. Consequently, without object, the lease is terminated. The combined application of two rules: res perit domino and res perit debitori that govern the theory of risk raises no hesitation. And, if the risk materializes, the mutual obligations of the parties are symmetrically and simultaneously terminated. But also, it is open to the parties to provide that one or both can be held more strictly. The case of partial loss is also considered: the lessee has an option: it can either continue the lease subject to a price decrease or remain in termination. In terms of prices things are much more complicated, because our legislation does not know equally clear rules.

Keywords: rural lease, risks, mutual obligations, res perit domino, res perit debitori


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