Law No. 65 Of 25 March 1998 On Modification And Completion Of The Law On Lease No. 16/1994

Original Language Title:  LEGE nr. 65 din 25 martie 1998 pentru modificarea şi completarea Legii arendării nr. 16/1994

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Law No. 65 of 25 March 1998 on modification and completion of the law on lease No. 16/1994 published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 126 of 26 March 1998, the Romanian Parliament adopts this law.


Article 1 the lease Law nr. 16/1994, published in the Official Gazette of Romania, part I, no. 91 of 7 April 1994, changed and completed as follows: 1. Article 2 shall read as follows: Art. 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. "
2. In article 3 (1) shall read as follows: Art. 3. — (1) the lease shall be effected by written contract, concluded between the eviction, on the one hand, and the leaseholder, on the other hand. The Contracting Parties may be individuals or businesses. "
3. Article 3 (2) shall read as follows: "(2) Leaseholders who are individuals may be Romanian citizens, regardless if they have their residence in the country or abroad."
4. In article 3, after paragraph 2, insert the power supply (2 ^ 1) with the following contents: (2 ^ 1) natural persons referred to in the preceding paragraph must have specialized training, agricultural farming practice or a certificate of agricultural knowledge and to provide the guarantees requested by the landlords. The certificate will be issued by the competent bodies of the Ministry of agriculture and food. "
5. Article 3 (3) shall read as follows: "(3) Leaseholders, legal entities can be the Romanian legal person, established in Romania, including those with foreign capital partly or totally."
6. In article 3, after paragraph 3, insert (3 ^ 1) with the following contents: "(3 ^ 1) legal persons referred to in the preceding paragraph shall have as object the operation of agricultural goods and submit the required guarantees of eviction."
7. Article 4 (2) is repealed.
8. Article 5 (f)) shall read as follows: "each party f) responsibilities; any area of land or any other good for agriculture, which will retain of the eviction, shall specify separately in the contract; "
9. Article 7 shall read as follows: Art. 7.-duration of the lease shall be determined by the parties in the contract of lease. "
10. Article 8 (1) shall read as follows: Art. 8.-(1) Arendatorul is obliged to surrender the leased goods within the time limit and under the conditions laid down to safeguard leaseholder crowd out wholly or partially and to perform all other obligations assumed by contract. "
11. Article 8 (3) shall read as follows: "(3) Arendatorul has the right to control anytime how arendaşul manages leased assets."
12. Article 10 shall read as follows: Art. 10-taxes and duties owed under the law for agricultural goods leased agreement, are concerned. "
13. Article 13 shall read as follows: Art. 13.-payment lease is made according to the understanding of the Contracting Parties and shall execute the deadlines and set out in the contract. "
14. Articles 15, 16, 17 and 19 are repealed.
15. After article 21 Article 21 shall enter ^ 1 with the following content: "Art. 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. "
16. According to article 25 shall be inserted in article 25 ^ 1 with the following content: "Art. 25 ^ 1. -(1) a lease contract can continue in the event of the death or the lessees ' agreement. To do this, you must notify the principal heirs in writing their intentions and to 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 the operation of these goods. In the absence of agreement, each of the heirs may request the Court in whose territory the property is situated agriculture, through Presidential Ordinance, to designate one of them to continue the contract of lease.
  

(3) the heirs often hire agreement the lessees ', where applicable, the date of definitive or whether irrevocable judgment, are obliged to încunoştiinţeze the City Council about the new parts in the contract of lease. "
  


Article 2 the law on lease No. 16/1994, as amended and supplemented, as well as those made by this Bill, will the Republic Official Gazette of Romania, part I, items and posing a new numbering paragraphs.
This law was adopted by the Chamber of Deputies and the Senate sitting in the commune of 25 February 1998, in compliance with the provisions of art. 74 para. (1) and of article 23. 76 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT ANDREW JOHN CHILIMAN p. SENATE CRISTIAN DUMITRESCU-----------