Editura Universul Juridic Civil law treaty. Special contracts, volume. II, Location. Renting a house. Leasing. Mandate - Francisc Deak, Lucian Mihai, Romeo Popescu

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Publisher: Universul Juridic

Author: Francisc Deak, Lucian Mihai, Romeo Popescu

Edition: a 5-a, actualizata si completata

Pages: 326

Publisher year: 2021

ISBN: 978-606-39-0109-6

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Prof. univ. dr. FRANCISC DEAK was born on December 9, 1927 in Simleu Silvaniei and graduated with a diploma of merit from the Faculty of Law in Cluj, class of 1951.

He taught civil law at the Faculty of Law of the University of Bucharest between 1951 and 1997, becoming one of the most important personalities of legal science in Romania. In this capacity, he trained tens of generations of lawyers, for whom he constituted a model of professionalism, creativity, rigor, exigency and honesty.

Prof. univ. Dr. FRANCISC DEAK passed away on May 11, 2001.

Volume II of the 5th edition was updated by Lucian Mihai and Romeo Popescu, PhD professors at the Faculty of Law of the University of Bucharest.
Francisc Deak
Prof. univ. dr. FRANCISC DEAK was born on December 9, 1927 in Simleu Silvaniei and graduated with a diploma of merit from the Faculty of Law in Cluj, class of 1951.

He taught civil law at the Faculty of Law of the University of Bucharest between 1951 and 1997, becoming one of the most important personalities of legal science in Romania. In this capacity, he trained tens of generations of lawyers, for whom he constituted a model of professionalism, creativity, rigor, exigency and honesty.

Prof. univ. Dr. FRANCISC DEAK passed away on May 11, 2001.

Volume I of the 5th edition was updated by his former collaborator, Romeo Popescu, professor at the Faculty of Law of the University of Bucharest.


Romeo Popescu
Teaching experience:
October 5, 1992 - current: Trainer, assistant, lecturer and then associate professor at the University of Bucharest, Faculty of Law, Department of Private Law, Civil Law (Contracts), Civil Law (Successions and Liberalities) and Intellectual Property Law.

• Holder of Civil Law (Contracts) courses in the period 2001-2010, then since 2014 and now and Civil Law (Successions and Liberalities) since 2001 and now.
• Holder of the Intellectual Property Law course from 2000 to the present.
• Holder of the courses of Donations and wills from 2001 and at present and Translational contracts of rights in the period 2004-2008, at the Master "Private Law".
• Holder of the Civil Law (Succession and Liberalities) course at ID. Starting with the 1992-1993 academic year, I held seminars every year in all the educational disciplines listed above.

1997 - 1999: Holder of the Civil Law course (Special contracts. Inheritance law) at the Faculty of Law of Titu Maiorescu University.

October 1, 2003 - current: Elected member of the Council of the Faculty of Law within the University of Bucharest.

February 7, 2008-20 March 2012 then from January 13, 2014 and currently Vice Dean of the Faculty of Law at the University of Bucharest.

Professional experience, other than teaching:

Sept. 1 1991 - June 18 1992: Judge at the District 6 Court and at the District 1 Court in Bucharest.

January 1, 1995 - up to date: Definitive lawyer within the Bucharest Bar

October 1, 2000 - up to date: Industrial Property Advisor.

Abbreviations / 13

Chapter III. Lease contract / 15
Section I. The notion, the legal characters and the validity conditions of the lease contract / 15
The notion of the lease contract / 15
Definition and delimitation from sale / 15
The seat of matter. Varieties of the lease contract / 18
Legal characteristics of the lease contract / 19
Enumeration / 19
Conditions of validity of the lease contract / 26
Capacity of the parties / 26
Exercise capacity. Title of the lessor / 26
Consent / 32
Consent. Preliminary legal acts. Successive locations / 32
The object of the contract and the object of the contractual obligation / 33
The object. Categories. / 33
The rented thing / 34
The price / 36
Section II. The effects of the lease / 50
Obligations of the lessor / 50
General notions / 50
Insurance for the tenant of the use of the property / 50
The legal nature of the tenant's rights. Right of claim / 51
Obligation of the lessor to hand over the property / 55
Obligation of the lessor to maintain the good in proper condition of use / 56
Lease guarantee obligation / 58
Eviction. The personal deed of the lessor / 58
Eviction. The deed of the third party / 60
The vices / 65
Modification of the guarantee obligation / 70
Obligations of the lessee / 71
General notions / 71
Obligation to receive the leased property / 71
Obligation to pay the rent / 71
The obligation to use the good with prudence and diligence / 74
Obligation to return the work / 77
Section III. Sublease and assignment of the lease contract / 83
Common conditions / 83
Sublocation / 85
Assignment / 87
Section IV. Termination of the lease / 90
Causes of termination / 90
Unilateral denunciation / 92
Expiry of the term / 95
Termination of law / 95
Tacit relocation (reconduction) / 95
Termination for non - execution / 99
Impossibility to use the good / 102
Abolition of the lessor's title / 105
Alienation of the leased property / 107

Chapter IV. The contract for renting the house / 111
Section I. Introductory notions / 111
Definition of the rental contract. Legal characteristics / 111
Regulation / 111
Scope / 113
Section II. Conclusion of the lease contract / 115
The lease contract, as a legal basis for the use of the dwelling / 115
Preliminary details / 115
Contracting Parties / 116
Landlord / 116
The tenant (117)
Form of the lease / 119
The consensual character of the contract / 119
Object of the lease contract / 121
Rented home / 121
Chiria / 121
Rental term. The right to renew the contract and the right of preference of the tenant / 123
The term established by the will of the parties / 123
Legal extensions / 124
The tenant 's right to renew the lease / 133
The preferential right of the tenant to rent / 135
Section III. The effects of the lease / 143
Obligations of the lessor (owner) / 143
General notions / 143
Home delivery / 143
Carrying out repairs / 145
Obligation to guarantee against defects that threaten health or bodily integrity / 148
Obligations of the tenant / 150
Using the home prudently and diligently / 150
Maintenance of housing and common areas / 153
Rent payment / 155
Payment of allowances-shares of common expenses / 155
Obligations that cannot be assumed by the tenant / 158
Section IV. Sublease agreement / 160
Conditions / 160
Effects / 161
Section V. Housing exchange (voluntary) / 162
Conditions / 162
Effects / 163
Section VI. Assignment of the lease contract / 164
Applicability. Conditions / 164
Effects / 164
Section VII. Mandatory exchange of housing / 164
Notion. Applicability / 164
Section VIII. Termination of the lease / 171
Causes of termination / 171
Term expiration / 172
Unilateral termination of the contract / 173
Termination of the contract for non-execution of obligations / 175
Death of the tenant. award
the benefit of the lease in case of divorce / 180
Death of the tenant holding the contract / 180
Awarding the benefit of the lease contract in case of divorce / 182
Section IX. Settlement of housing disputes / 185
Competent court / 185
Section X. Derogatory rules regarding the rental of special purpose housing / 189
Preliminary details / 189
Social housing / 190
Notion / 190
Entitled persons and distribution of social housing / 190
Conclusion of the contract (contracting parties, term and rent) / 192
Termination of the contract / 193
Other special rules / 195
Service home and intervention home / 195
Notions / 195
Service home / 196
Intervention home / 200
Home of necessity / 202
Notion / 202
Legal regime / 203
Support home / 204
Notion / 204
Legal regime / 205
Protocol home / 207
Notion. Kinds / 207
Protocol homethe official resident / 208
Protocol home (common law) / 209

Chapter V. Lease contract / 210
Section I. The notion, legal characters and conditions of validity of the lease contract / 210
The notion of the lease contract / 210
Definition / 210
Regulation / 210
Legal characteristics of the lease contract / 211
Characters common to location / 211
Form of the contract / 211
Conditions of validity of the lease contract / 213
Contracting Parties / 213
Landlord / 214
Arendasul / 216
Object of the contract / 216
Leased goods / 216
Arenda / 217
Lease term / 218
Section II. The effects of the lease / 219
The right of preemption of the lessee / 219
Conditions and legal regime / 219
Risk bearing / 220
Risk of accidental loss of leased property / 220
Contract risk / 220
Accidental loss of leased property / 220
Accidental loss, total or partial, of the harvest / 221
Insurance of leased goods / 225
Obligations of the parties / 226
Regulation / 226
Obligations of the lessor / 227
Obligations of the lessee / 227
The obligation to use the leased goods with prudence and diligence / 228
Payment of rent / 229
Restitution of leased goods / 230
Other obligations / 231
Sanction for non - execution of obligations / 232
Section III. Termination of the contract / 233
Common law rules. Derogations / 233
Death of one of the parties / 233
Incapacity or bankruptcy of the lessee / 234
Term expiration / 235
The effects of the alienation of the leased goods by acts between
Opposability of the lease / 236

Chapter VI. Mandate contract / 238
Section I. General aspects / 238
Notion / 238
The mandate for free and the mandate for consideration / 239
Difference between mandate and other related contracts / 241
Mandate with representation and mandate without representation / 243
Section II. Mandate with representation / 243
Conditions of validity / 243
Form of the mandate / 243
Apparent mandate / 249
Proof of mandate / 252
Capacity of the parties / 255
Specific issues regarding consent / 256
Defects of consent / 256
Good or bad faith of the parties / 257
Conflict of interest / 257
The contract with oneself and double representation (self-contract). The mandate in common interest / 258
Object and scope of the mandate / 260
Term of office / 265
The effects of the mandate contract / 265
Two categories of effects / 265
Effects between the parties / 265
Obligation to execute the mandate / 266
Obligation to give an account / 270
Obligations resulting from the substitution made by the agent / 273
Plurality of agents / 276
The obligation to make available to the agent the means necessary for the execution of the mandate / 277
Obligation to compensate the trustee / 279
Obligation to pay the remuneration due to the trustee / 280
Plurality of constituents / 281
The right of retention of the agent / 281
The effects of the mandate towards third parties / 282
Relations between the principal and third parties / 282
Relations between the trustee and the third party / 289
Termination of the mandate contract / 290
Enumeration of particular cases of cessation / 290
Revocation of the mandate / 290
Conditions of revocation / 290
Effects of revocation / 292
Advertising the revocation of the authentic notarial power of attorney / 300
Renunciation of the trustee / 302
Conditions and effects / 302
Death, incapacity or bankruptcy of the principal or agent / 304
Conditions and effects / 304
The effects of the termination of the mandate, regardless of the cause of termination / 307
Section III. Mandate without representation / 309
Notion / 309
Legal nature of the loan agreement / 311
Legal regime / 312

Prof. univ. dr. FRANCISC DEAK was born on December 9, 1927 in Simleu Silvaniei and graduated with a diploma of merit from the Faculty of Law in Cluj, class of 1951.

He taught civil law at the Faculty of Law of the University of Bucharest between 1951 and 1997, becoming one of the most important personalities of legal science in Romania. In this capacity, he trained tens of generations of lawyers, for whom he constituted a model of professionalism, creativity, rigor, exigency and honesty.

Prof. univ. Dr. FRANCISC DEAK passed away on May 11, 2001.

Volume II of the 5th edition was updated by Lucian Mihai and Romeo Popescu, PhD professors at the Faculty of Law of the University of Bucharest.

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