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

In: International Conference Globalization, Innovation and Development. Trends and Prospects (G.I.D.T.P.)

Author

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  • Cristian Mitroi

    (Valahia University of Targoviste)

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.

Suggested Citation

  • Cristian Mitroi, 2020. "Conditions of Validity of the Lease Agreement and its Possibility in the Case of the Arrangement," Book chapters-LUMEN Proceedings, in: Ioana PANAGORET & Gabriel GORGHIU (ed.), International Conference Globalization, Innovation and Development. Trends and Prospects (G.I.D.T.P.), edition 1, volume 10, chapter 32, pages 282-294, Editura Lumen.
    • Handle: RePEc:lum:prchap:10-32
    DOI: https://doi.org/10.18662/lumproc/gidtp2018/32
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    More about this item

    Keywords

    agicultural lease contract; agreement; rent; lease agreement; conditions of validity; consent; object; form; rights; obligations; penalties; opposability;
    All these keywords.

    JEL classification:

    • F6 - International Economics - - Economic Impacts of Globalization
    • O1 - Economic Development, Innovation, Technological Change, and Growth - - Economic Development
    • O3 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights
    • I2 - Health, Education, and Welfare - - Education
    • D8 - Microeconomics - - Information, Knowledge, and Uncertainty

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