Law No. 16 Of 5 April 1994, The Lease Law

Original Language Title:  LEGE nr. 16 din 5 aprilie 1994 Legea arendării

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Law No. 16 of 5 April 1994 (* updated *) lease Law (updated until March 8, 2008)-PARLIAMENT ISSUING — — — — — — — — — — — — *) original text was published in MONITORUL OFICIAL nr. 91 of 7 April 1994. This is the updated form of S.C. "territorial Center of Electronic Computing" Piatra Neamţ until March 8, 2008, with changes and additions made by: Law No. 58 of 17 June 1995; Law No. 65 of 25 March 1998; EMERGENCY ORDINANCE No. 157 of 7 November 2002; Law No. 350 of 10 July 2003; Law No. 247 of 19 July 2005; Law No. 276 of 5 October 2005; Law No. 223 of 31 May 2006; Law No. 20 of 29 February 2008.
Romanian Parliament adopts this law.


Article 1 (1) agricultural Goods can be rented in accordance with the law.
  

(2) by agricultural goods that can be leased means the agricultural lands, namely: productive arable farmland, vineyards-orchards, nurseries, vineyards, fruit trees, shrubs and bushes, mulberry plantations and hop-forested pasture land, occupied with building and installation, evaluate fishery facilities and reclamation, roads, technological platforms and storage spaces that serve the needs of agricultural production and unproductive land that can be decorated and used for agricultural production as well as animals, construction, cars, machinery and other goods for agricultural exploitation.
  


Article 2 Through a lease means a contract concluded between the owner, usufructuary or other legal holder of agricultural goods, called the eviction, and Landholder, with regard to the exploitation of agricultural goods for a fixed term and at a price set by the parties.
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Art. 2 was amended by section 1 of article. 1 of law No. 65 of 25 March 1998, published in MONITORUL OFICIAL nr. 126 of 26 March 1998.


Article 3 *) (1) the lease shall be effected by written contract, a specimen of which is annexed hereto, which shall be concluded between the eviction, on the one hand, and the leaseholder, on the other hand. The Contracting Parties may be individuals or businesses.
  

— — — — — — — — — — — —-. (1) of article 1. 3 was amended by section 1 of article in law No. 223 of 31 May 2006, published in MONITORUL OFICIAL nr. 497 of 8 June 2006.

(2) the Leaseholders who are individuals may be Romanian citizens or foreign nationals.
  

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Alin. (2) of article 9. 3 was amended by section 1 of article. 1 of law No. 276 of October 5, 2005, published in Official Gazette No. 903 of 10 October 2005.
(2 ^ 1) The persons referred to in paragraph 1. 2 must have specialized agricultural training or an attestation of agricultural knowledge whenever agricultural practice and submit guarantees required by landlords. The certificate is issued by the competent bodies of the Ministry of agriculture, forestry and rural development, and in the case of individuals, the competent authority of the country of origin or provenance.
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Alin. (2 ^ 1), art. 3 was amended by section 1 of article. 1 of law No. 276 of October 5, 2005, published in Official Gazette No. 903 of 10 October 2005.

(3) legal persons, Leaseholders may be Romanian or foreign nationality and should result in an object of activity the exploitation of agricultural goods and submit guarantees requested by the eviction.
  

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Alin. (3) art. 3 was amended by section 1 of article. 1 of law No. 276 of October 5, 2005, published in Official Gazette No. 903 of 10 October 2005.
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Alin. (3 ^ 1), art. 3 has been repealed by section 2 of art. 1 of law No. 276 of October 5, 2005, published in Official Gazette No. 903 of 10 October 2005.
— — — — — — — — — — — — — — *) Note C.T.C.E. S.A. Piatra Neamt: according to art. II of law No. 276 of October 5, 2005, published in Official Gazette No. 903 of 10 October 2005, the provisions of art. 3 of the law on lease No. 16/1994, as amended and supplemented, concerning the possibility of acquiring quality Landholder by foreigners and foreign legal persons shall enter into force on the date of accession of Romania to the European Union.


Article 4 (1) of the autonomous Administrations, research institutes and the resorts and agricultural production have in public lands management can not give rental of agricultural goods. 1 (1). (2) under penalty of absolute nullity of acts concluded.
  

— — — — — — — — — — — —-. (1) of article 1. 4 was amended by paragraph 2 of article 9. 1 of law No. 350 of 10 July 2003, published in Official Gazette No. 526 of July 22, 2003.
— — — — — — — — — — — —-. (2) of article 9. 4 was repealed by point 7 of article. 1 of law No. 65 of 25 March 1998, published in MONITORUL OFICIAL nr. 126 of 26 March 1998.

(3) any act done in contravention of the provisions of the lease this article is null.
  


Article 5 (1) a lease contract shall comprise: a) the Contracting Parties and their places of establishment;
  

b) contract, fully and precisely determined; object of the contract shall include a detailed description of all agricultural goods, their inventory of leased and site plan of the land;
  

(c) each of the parties obligations), and complete;
  

(d) the duration of the lease);
  

e) lease, payment methods and deadlines;
  

responsibilities of each party); any area of land or any other good for agriculture, which will retain of the eviction, shall specify separately in the contract;
  

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Lit. f) art. 5 was amended by section 8 of article. 1 of law No. 65 of 25 March 1998, published in MONITORUL OFICIAL nr. 126 of 26 March 1998.

g) other clauses agreed by the parties, as permitted by law.
  

(2) the Parties shall include in the contract of lease clauses to ensure agricultural goods, which shall be borne by the lessees '.
  

— — — — — — — — — — — —-. (2) of article 9. 5 was amended by section 3 of article 9. 1 of law No. 350 of 10 July 2003, published in Official Gazette No. 526 of July 22, 2003.


Article 6 (1) a lease contract shall be drawn up in writing, one copy for each party and one copy which shall be presented to the City Council in whose territory is situated the assets leased, within 15 days from the date of conclusion. It shall be recorded in a special register, kept by the Secretary of the local Council.
  

(2) When the assets leased are located in the territory of several local councils, registration and filing of the contract shall be made in each local Council in whose territory is situated the asset leased.
  

(3) fees for drafting and registration of lease contract shall be borne by the lessees '.
  

(4) shall be valid and binding upon only the lease contracts concluded in writing and registered with the local Council, under the present law.
  

(5) Leasing Contracts concluded in writing and registered with the local Council constitute enforceable time limits for the payment of rent and in the manner laid down in the contract.
  

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Alin. (5) article. 6 was introduced by section 2 of article in EMERGENCY ORDINANCE No. 157 of 7 November 2002, published in Official Gazette No. 850 of 25 November 2002.


Article 7 duration of the lease shall be determined by the parties in the contract of lease.
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Art. 7 was amended by point 9 of article. 1 of law No. 65 of 25 March 1998, published in MONITORUL OFICIAL nr. 126 of 26 March 1998.


Article 8 (1) Arendatorul is bound to hand over goods leased within the period and under the conditions laid down to safeguard leaseholder crowd out wholly or partially and to perform all other obligations assumed by contract.
  

— — — — — — — — — — — —-. (1) of article 1. 8 was amended by paragraph 10 of article 10. 1 of law No. 65 of 25 March 1998, published in MONITORUL OFICIAL nr. 126 of 26 March 1998.

(2) Arendaşul is required to use the leased goods as a good owner, under the conditions laid down in the contract, to maintain the productive potential of leased assets, to repay at the end of the contract, to seek agreement for agreement, making possible investments, pay the rent at the time limits and in the manner laid down, and to execute all contractual obligations.
  

— — — — — — — — — — — —-. (2) of article 9. 8 was amended by paragraph 4 of art. 1 of law No. 350 of 10 July 2003, published in Official Gazette No. 526 of July 22, 2003.

(3) Arendatorul has the right to control anytime how arendaşul manages leased assets.
  

— — — — — — — — — — — —-. (3) art. 8 was modified by point 11 of article 1. 1 of law No. 65 of 25 March 1998, published in MONITORUL OFICIAL nr. 126 of 26 March 1998.

(4) upon termination of the contract, it can recognize the lessees ', by court order, a right of retention with regard to its contrapretentiile toward the other side, stemming from the contract.
  

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Art. 9 was repealed by article. 8 of title X of the law nr. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005.


Article 10 taxes and fees, according to the law, the goods shall be borne by the agricultural agreement, leased.
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Art. 10 has been changed from point 12 of article 4. 1 of law No. 65 of 25 March 1998, published in MONITORUL OFICIAL nr. 126 of 26 March 1998.


Article 11 (1) is deemed to be Arendaşul farmer; He owed taxes on income made from operation of leased agricultural property shall be paid according to the legal provisions.
  

(2) Arendaşul, as agricultural producer shall receive credit and taxation facilities prescribed by normative acts in force.
  


Article 12 (1) a lease agreement can be renewed according to the understanding of the parties and in compliance with the provisions of this law.
  


(2) each Contracting Party shall be obliged to notify the other party in writing at least 3 months before the expiry of the contract, about its intention to renew or not to renew the contract of lease.
  

— — — — — — — — — — — —-. (2) of article 9. 12 was amended by paragraph 4 of art. 1 of law No. 350 of 10 July 2003, published in Official Gazette No. 526 of July 22, 2003.

(3) by agreement of the parties, lease agreement can terminate before reaching the time limit.
  


Article 13 payment of rent is made according to the understanding of the Contracting Parties and shall execute the deadlines and set out in the contract.
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Art. 13 has been amended item 13 of article. 1 of law No. 65 of 25 March 1998, published in MONITORUL OFICIAL nr. 126 of 26 March 1998.


Article 14 (1) fixing the rent Items for each category of land use can be: surface, production potential, parcelara structure, and the degree of accessibility of the machinery, the possibilities of access, distance towards industrialisation, storage or sale of State buildings, reclamation facilities or other amenities.
  

(2) In the case of land planted with vineyards, fruit trees, fruit bushes and mulberry trees, hop, renting is due account and type of plantation, variety, age, condition and biological technique.
  

(3) in the case of livestock, rent may be set depending on the species, breed, age, condition, biological production potential and of health-veterinary.
  

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Art. 15 was abrogated by the point 14 of article. 1 of law No. 65 of 25 March 1998, published in MONITORUL OFICIAL nr. 126 of 26 March 1998.
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Art. 16 has been repealed from point 14 of article. 1 of law No. 65 of 25 March 1998, published in MONITORUL OFICIAL nr. 126 of 26 March 1998.
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Art. 17 was repealed by article item 14. 1 of law No. 65 of 25 March 1998, published in MONITORUL OFICIAL nr. 126 of 26 March 1998.


Article 18 public officers and employees with leadership positions within the autonomous companies with agricultural profile of institutes and research stations and agricultural production in agricultural land management public property cannot take in lease of agricultural goods. 1.
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Art. 18 was amended by paragraph 4 of art. 1 of law No. 350 of 10 July 2003, published in Official Gazette No. 526 of July 22, 2003.

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Art. 19 was repealed by article item 14. 1 of law No. 65 of 25 March 1998, published in MONITORUL OFICIAL nr. 126 of 26 March 1998.


Article 20 Arendaşul can change the category of use of the rented only after prior consent given in writing by the owner and in compliance with the legal provisions in force.


Article 21 (1) in the contract of lease, by mutual agreement, the parties may define the cases and limits on liability for damage produced by nomad.
  

(2) also in agreement may provide for the payment of total or partial loss of the leased goods as a result of fortuitous or force majeure.
  


Article 21 ^ 1 with the written consent of the hire agreement, arendaşul may not assign the lease contract of the husband, the exploitation of agricultural goods coparticipant, or his descendants, who have reached the age of majority.
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Art. 21 ^ 1 was introduced by point 15 of article 2. 1 of law No. 65 of 25 March 1998, published in MONITORUL OFICIAL nr. 126 of 26 March 1998.


Article 22 (1) are not allowed by the Office tenants.
  

(2) the total or partial Subarendarea is prohibited.
  

(3) any act of subrent is null.
  


Article 23 permanent or seasonal Employees use tenants enjoy all rights and social protection provided for by the labour legislation in force.


Article 24 (1) lease contracts concluded in breach of the provisions of this law are null and void or anulabile.
  

(2) any of the parties may request the termination of a lease for the causes of failure to comply with the obligations by the other party, in accordance with the law.
  

(3) any disputes within the competence of the courts or may be resolved with the agreement of the parties, and by arbitration.
  

(4) the parties have at their disposal all the legal means to defend their legitimate rights and interests of its contractual obligations, in relation to leased assets.
  


Article 25 (1) natural persons, to whom he has been established on the basis of the quality of shareholder. 36 of the law nr. 18/1991, may choose, up to 1 October 1995 for the quality of the lessor under the law.
— — — — — — — — — — —-. (1) of article 1. 25 has been amended by section 1 of article in law No. 58 on June 17, 1995, published in MONITORUL OFICIAL nr. 124 of 21 June 1995.

(2) agricultural companies will incunostinta in writing, no later than 1 September 1995, on the shareholders who have not expressed their option within the meaning of paragraph 1. 1, about the time limit for communicating the option.
  

— — — — — — — — — — —-. (2) of article 9. 25 was introduced by section 2 of article in law No. 58 on June 17, 1995, published in MONITORUL OFICIAL nr. 124 of 21 June 1995.

(3) the tenancy ends, for the minimum period of lease referred to in art. 7 para. 2, between the company that owns the land in question and the person who has opted for quality of the lessor, beginning with the first agricultural year later registration option.
  

(4) until the expiry of the period laid down in article 21. 7 para. judeţeana 2, the Commission will issue the title of ownership of arable land in the equivalent and will put in possession justified persons, the sole compact, situated within the limit of the perimeter, set up on farms and towns.
  

(5) After the expiry of the minimum period of lease as provided for in art. 7 para. 2, persons entitled according to paragraphs 2 and 3. 1 can exploit the land freely, as the owner.
  

— — — — — — — — — — — — C.T.C.E. NOTE S.A.: Piatra Neamt after the introduction of the new paragraph 2. (2) of article 9. 25 by point 2 of article in law No. 58 on June 17, 1995, published in MONITORUL OFICIAL nr. 124 of 21 June 1995, the former paragraphs (2), (3) and (4) of article 3. 25 were renumbered into paragraph 1. (3), (4) and (5) of article 2. 25. Article 25 ^ 1 (1) a lease contract can continue in the event of the death or the lessees ' agreement. To do this, the heirs of the lessees ' or, where appropriate, of the owner's heirs must communicate their intentions in writing and obtain the written consent of the other party, within 30 days after the date of death.
  

(2) the lessees ' Heirs may agree to continue jointly leased agricultural property exploitation of their author or may designate one of them to continue their operation. In the absence of agreement, the owner's heirs may designate one of the lessees ' followers, which satisfies the conditions laid down in article 21. 3 paragraphs 1 and 2. (2) and (2 ^ 1), to continue the contract of lease.
  

(3) the heirs often hire agreement the lessees ', as appropriate, shall be required within 30 days to notify the local Council about the new parts in the lease contract.
  

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Art. 25 ^ 1 was amended by paragraph 4 of art. 1 of law No. 350 of 10 July 2003, published in Official Gazette No. 526 of July 22, 2003.


Article 25 ^ 2 (1) instances in which the provisions of article 7. 20 constitutes contravention and shall be sanctioned with a fine of MDL MDL 100,000,000 300,000,000.
  

(2) the finding of violations and penalties to make for empowered of the Directorate-General for agriculture and the food industry.
  

(3) the provisions of Ordinance No. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended, shall apply.

(4) the Arendatorul shall be entitled to damages and to restore the previous situation.
  

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Art. 25 ^ 2 was amended by section 5 of art. 1 of law No. 350 of 10 July 2003, published in Official Gazette No. 526 of July 22, 2003.


^ Article 25 3 Annex forms an integral part of this law.
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Art. 25 ^ 3 was introduced by section 2 of article in law No. 223 of 31 May 2006, published in MONITORUL OFICIAL nr. 497 of 8 June 2006.


Article 26 the provisions of this law shall be supplemented by the provisions of civil legislation, in so far as they are not contrary to this law.
This law was adopted by the Chamber of Deputies and Senate in the March 16 meeting of the village in 1994, in compliance with the provisions of art. 74 para. (1) and of article 23. 76 para. (2) of the Constitution of Romania.
p. EUGEN SENATE PRESIDENT THOMAS PRESIDENT of CHAMBER of DEPUTIES ADRIAN NASTASE achieved Local Council Annex al. ..
County.
No. .. since.
LEASE CONTRACT chapter I article 1 the parties to the contract of lease Contract is concluded and is running on the basis of the provisions of the law on lease No. 16/1994, as amended and supplemented.


Article 2 1. Between Mr/MS, domiciled/domiciled in, owner/holder of B.I./C.I. series nr. awarded/issued to date, holder/holder of the property right according to title no. or, as appropriate, in accordance with judgement No. from the minutes of release possession of no. .. or the Act of separation, nr. .. from etc. or Company (agricultural association, etc.) * 1), located in the locality, taking no. registration at the trade registry office, sole registration code and the fiscal attribute a:, represented by Mr/MS, called hereinafter the eviction, and

2. Mr/MS, domiciled/domiciled in, owner/holder of B.I./C.I.. series. Nr. issued/awarded by a. .. to date, or Company (agricultural association, etc.) * 1), located in the locality, taking no. registration at the trade registry office, sole registration code and the fiscal attribute a:, represented by Mr/MS, called hereinafter the leaseholder, intervened this rental contract.
_ _ _ _ _ _ _ _ _ * 1) in the case of legal persons, referred to as well as identification data and the data of the person he represents.


Chapter II subject matter of the contract Article 3 (1) contract of lease of the land surface is. .. HA, located in the outskirts (built area) locality, County, area, parcel in the following neighborhoods: N, S, E, V. .. .
  

(2) the category of use of the land in the area. .. HA covered by the contract of lease is.
  

(3) on the date of conclusion of this agreement, arendatorul taught, and arendaşul claims to have received the surface. HA land.
  


Chapter III article 4 Purpose lease leased Land will be used by the lessee only for purposes of exploitation.


Chapter IV duration of the contract Article 5 (1) this contract of lease is concluded for a duration. years, starting from th. .. and up to date. .
  

(2) pursuant to article 1. 12 of law No. 16/1994, as amended and supplemented, the lease agreement can be renewed by written agreement of the parties.


Chapter V the rent Level, ways and payment terms in article 6 (1) the amount of the rent is (quantity of products, goods and money or money).
  

(2) payment of rent in kind is made immediately after harvesting the crop, but not later than 45 days. The product delivered by the leaseholder must correspond in terms of quality.
  

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Alin. (2) of article 9. 6 was amended by section 1 of article in law No. 20 of 29 February 2008, published in MONITORUL OFICIAL nr. 170 of 5 March 2008.

(3) payment of rent in cash shall be made at a price determined by the understanding of the parties. Payment is due until 45 days after the product is harvested, respectively. Cash payment will be made directly to the lessees ' headquarters or by money order to the address of the hire agreement.
  

(4) a lease contracts concluded in writing and registered with the local Council constitute enforceable time limits for the payment of rent and in the manner laid down in the contract.
  

(5) the amount of rent may not be modified by the lessee as a result of losses due to natural factors (disasters).
  

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Alin. (5) article. 6 was amended by section 1 of article in law No. 20 of 29 February 2008, published in MONITORUL OFICIAL nr. 170 of 5 March 2008.

(6) the Parties shall be obliged to notify the City Hall which was recorded on the contract of lease of any change in the level of rent.
  


Chapter VI Rights and obligations of Parties Article 7 Rights and obligations of the agreement are as follows: a) to teach agricultural land from lessees ' term and conditions of this agreement;
  

b) to safeguard the leaseholder crowd out full or partial, and hidden vices of work which they rent out;
  

c) not to take any action in relation to the land leased, likely to on the leaseholder;
  

d) to control the way in which arendaşul always exploits the land leased. During the inspection, arendatorul will be accompanied by the leaseholder or a trustee thereof;
  

e) in the case of disorders of third parties in the normal course of exploitation of the land, to act together with arendaşul, according to the law to enjoin acts of disorder;
  

f) to pay fees and taxes payable on leased land;
  

g) to încunoştinţeze in writing of his intention to the leaseholder to renew or not to contract with at least one year before this agreement expires;
  

h) to receive upon the termination of the contract, the land that was the subject of it.
  


Article 8 rights and obligations of lessees ' are the following: a) to receive the land leased to the term and conditions of this agreement;
  

b) to use the land on which it has leased for the purpose of exploitation of agricultural land, under the conditions laid down in the contract;
  

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Lit. b) art. 8 was amended by section 2 of article in law No. 20 of 29 February 2008, published in MONITORUL OFICIAL nr. 170 of 5 March 2008.

c) to maintain production potential and do not degrade the land leased;
  

d) may not change the category to use rented without the written permission of the agreement;
  

e) pay rent at the time and under the conditions laid down in chapter II. V;
  

f) ask for agreement, making agreement possible investment on the ground;
  

g) to bear the costs relating to the drafting and registration of the contract;
  

h) in order to recover the damage of natural disasters, to enter into contracts of insurance of crops which they set up on land leased;
  

I) to communicate agreement, and to request him to intervene in cases where it is troubled by third parties in the land leased;
  

j) to încunoştinţeze in writing of his intention to eviction, to renew or not to contract with at least one year before this agreement expires;
  

k) upon the termination of the contract, has the obligation to return the land leased in the State in which it has received from eviction;
  

l) to pay taxes owed on income from the exploitation of the land leased;
  

m) has a right of pre-emption in the case through sale by the eviction of the land provided for by this agreement.
  


Chapter VII Liability Article 9 (1) in the event of failure to perform the obligations specified in the contract by one of the parties, the contract shall be considered terminated.
  

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Alin. (1) of article 1. 9 has been modified by point 3 of article in law No. 20 of 29 February 2008, published in MONITORUL OFICIAL nr. 170 of 5 March 2008.

(2) For failure to pay rent on time, arendaşul will pay penalties of delay in rate of% per day of the amount due.
  


Chapter VIII termination Article 10 (1) the contract shall cease as from the expiry of the period for which it was leased to the land.
  

(2) in case of death or the lessees ' agreement, the contract will continue if the principal heirs will notify in writing their intentions in this regard and will have the written consent of the other party, within 30 days after the date of death, in accordance with art. 25 of law No. 16/1994, as amended and supplemented.

(3) a lease contract can be divested coparticipant spouse/coparticipante from land leased or their descendants, who have reached the age of majority, in accordance with art. 21 of law No. 16/1994, as amended and supplemented.

(4) the expiry date of the contract, it may be renewed by agreement of the parties, in compliance with the provisions of law No. 16/1994, as amended and supplemented.


Chapter IX Other clauses of article 11 (1) as the drafting of charges, stamp duties and those relating to the authentication of this Agreement shall be borne by the lessee.
  

(2) communications between the judicial and extrajudicial documents in connection with this contract shall be made at the domicile of the parties.
  

(3) Any misunderstanding will be solved amicably, otherwise being subject to resolution of the courts.
  

(4) the Arendaşul is relieved from the payment of rent in cases of force majeure (e.g. radiation, war, devastating earthquakes, which affects land leased).
  

Ended today, in 3 (three) copies, one of which the eviction, the leaseholder and one from the Local Council and. .. registration contract.
Eviction.
Leaseholder.
— — — — — — — — — — — — — Annex was introduced by point 3 of article in law No. 223 of 31 May 2006, published in MONITORUL OFICIAL nr. 497 of 8 June 2006.
— — — — — — — — — — — — — — *) Note C.T.C.E. S.A. Piatra Neamt: under (b). s) art. 8 of this Contract of lease, arendaşul is required to pay rent at the time and under the conditions laid down in chapter II. V. under these conditions, we consider that the provision "the product delivered by the eviction" from articles. 6, para. (2) actually refers to the "product delivered by the leaseholder".
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