Advanced Search

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 65 65 of 25 March 1998 to amend and supplement Law of Arendation no. 16/1994
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 126 126 of 26 March 1998



The Romanian Parliament adopts this law + Article 1 Law of Arendation no. 16/1994 , published in the Official Gazette of Romania, Part I, no. 91 of 7 April 1994, shall be amended and supplemented as follows: 1. Article 2 shall read as follows: "" Art. 2. -The lease means the contract concluded between the owner, the usufructuary or other legal holder of agricultural goods, referred to as the tenant, and the tenant, with regard to the exploitation of agricultural goods for a fixed duration and at a price established by parts. " 2. Article 3 (1) shall read as follows: "" Art. 3. --(1) The lease is made by written contract, concluded between the tenant, on the one hand, and the tenant, on the other hand. Contracting parties may be natural or legal persons. " 3. Article 3 (2) shall read as follows: "(2) Arendans, individuals, can be Romanian citizens, whether they are domiciled in the country or abroad." 4. In Article 3, after paragraph (2), the supply is inserted (2 ^ 1) with the following contents: "" (2 ^ 1) The natural persons referred to in the preceding paragraph must have agricultural specialty training, agricultural practice or an attestation of agricultural knowledge and submit the guarantees requested by the tenants. The certificate will be issued by the bodies empowered by the Ministry of Agriculture and Food. " 5. Article 3 (3) shall read as follows: "(3) Arendaces, legal entities, may be Romanian legal entities, based in Romania, including those with partial or full foreign capital." 6. in Article 3, after paragraph 3, the following paragraph 3 is inserted: "(3 ^ 1) The legal persons referred to in the preceding paragraph must have as their object of activity the exploitation of agricultural goods and present the guarantees requested by the tenant." 7. Article 4 (2) shall be repealed. 8. Article 5 (f) shall read as follows: "f) the responsibilities of each party; any land area or any other agricultural asset to be retained by the tenant shall be specified separately in the contract;" 9. Article 7 shall read as follows: "" Art. 7. -The duration of the lease shall be determined by the parties in the lease agreement. " 10. Article 8 (1) shall read as follows: "" Art. 8. --(1) The Arendator shall be obliged to surrender the leased goods within the time limit and under the conditions laid down, to guarantee on the lease of total or partial eviction and to execute all other obligations assumed by the contract. " 11. Article 8 (3) shall read as follows: "" (3) The Areviewer shall have the right to control at any time how the tenant administers the leased goods. " 12. Article 10 shall read as follows: "" Art. 10-Taxes and taxes due, according to the law, for the leased agricultural goods are the responsibility of the tenant. " 13. Article 13 shall read as follows: "" Art. 13. -The payment of the lease shall be made in accordance with the agreement of the Contracting Parties and shall be executed within the time limits and place 14 articles 15, 16, 17 and 19 shall be repealed. 15. Article 21 shall be inserted after Article 21, with the following contents: "" Art. 21 21 ^ 1. -With the written consent of the tenant, the tenant may assign the lease contract to the spouse, a co-participant in the exploitation of agricultural goods, or his descendants who have reached the age of majority. " 16. Article 25 (1) shall be inserted after Article 25: "" Art. 25 25 ^ 1. -(1) The lease agreement may continue in the event of the death of the tenant or the tenant. For this, the major heirs must communicate in writing their intentions and obtain the written consent of the other party, within 30 days of the date of death. (2) The heirs of the tenant may agree to continue in common the exploitation of the agricultural property leased by their author or may designate one of them to continue the exploitation of these goods. In the absence of the agreement, each of the heirs can ask the judge in whose territorial area the agricultural good is that, by the presidential order, to designate one of them for the continuation of the lease contract. (3) The heirs of the tenant or of the tenant, as the case may be, at the time of the final or irrevocable stay of the judgment, have the obligation to inform the local council about the new parties in the lease agreement. " + Article 2 Law of Arendation no. 16/1994 , with subsequent amendments and completions, as well as with those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the articles and paragraphs a new numbering. This law was adopted by the Chamber of Deputies and the Senate in the joint meeting of February 25, 1998, in compliance with the provisions of art 74 74 para. ((1) and of art. 76 76 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT ANDREI IOAN CHILIMAN p. SENATE PRESIDENT CRISTIAN DUMITRESCU -----------