Abstract: The article presents theoretical aspects regarding the matter of contractual risk in the agricutural lease contract in the New Civil Code, through a comparative presentation with the previous regulation of the Law on agricultural lease no. 16/1994, currently repealed. The article is aimed at a very detailed approach of the question of contractual risk in agricultural lease contract, analysed as a variety of the lease contract, with the presentation of the aspects regarding the contractual risks of the agricultural lease agreement, the consequences of the risk of the fortuitous loss of the agricultural leased asset, the consequences of the risk of loss of the agricultural production when the lease is settled in money or the risk of fruit loss if the lease is paid in fruit.

Keywords: agricultural lease, New Romanian Civil Code/ Law no. 287/2009; Law on agricultural lease no. 16/1994; the matter of contractual risk.