Conditions of Validity of the Lease Agreement and its Possibility in the Case of the Arrangement

Cristian Mitroi ()
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Cristian Mitroi: Valahia University of Targoviste

Chapter 32 in International Conference Globalization, Innovation and Development. Trends and Prospects (G.I.D.T.P.), 2020, vol. 10, pp 282-294 from Editura Lumen

Abstract: At first glance, reading only the provisions of art. 1836-1850 Civil Code regarding agricultural lease contract, it can be concluded that, apart from a few special provisions about the derived object, the conclusion of an agricultural lease agreement would not involve specific issues in relation to the conditions of validity. But at a more careful assessment, including a corroboration of specific legal provisions of the agricultural lease contract with those set out in the matter of the lease, it appears that, at least on the capacity, scope, and form, there are specific legal requirements that circumstantiates the conditions of the analyzed contract in terms of validity. In the material presented, I shall try, after a brief overview of the concept and legal features of agricultural lease agreements, to identify key elements, specific and exceptional provisions of this contract in terms of its conditions of validity by exposing problems of interpretation that may arise about the issues mentioned. We will also analyze the conditions under which the rentable lease agreement concluded against the new owner works in the case of the alienation of the leased property.

Keywords: agicultural lease contract; agreement; rent; lease agreement; conditions of validity; consent; object; form; rights; obligations; penalties; opposability (search for similar items in EconPapers)
JEL-codes: D8 F6 I2 O1 O3 (search for similar items in EconPapers)
Date: 2020
ISBN: 978-1-910129-23-4
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Persistent link: https://EconPapers.repec.org/RePEc:lum:prchap:10-32

DOI: 10.18662/lumproc/gidtp2018/32

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