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The lease contract and its varieties

Author: Titulescu Paul-Robert
Degree:doctor of law
Speciality: 12.00.03 - Private Law (with specification: Civil, Family, Civil Procedure Law, Notary, Business, Informational, Private International, Labour Law, Social Protection Law)
Scientific adviser: Eugenia Cojocari
doctor habilitat, professor, Moldova State University


The thesis was presented on the 27 March, 2009
Approved by NCAA on the 5 November, 2009


Adobe PDF document0.42 Mb / in romanian


Lease, lessor, lessee, eviction, obligation of warranty against eviction, flaws of the leased asset, capital repairs, rental repairs, sublease, leave, warning term, relocation, lease cession, lease value, renting, locative space, building, tenant, legal recess, preemption right, subrent, cession of closure, rent, renter, landlord, subrent, cession of rent, leasing


The actuality of the PhD’s thesis is grounded on the positive processes that occurred in the field of social and economic life of our countries, against the lack of normative documents regulating the new social relations with respect to the private, its lease, which causes the way the citizens have been living in the last ten years.

In the PhD’s thesis we wanted and we achieved the identification and analysis of law matter in the field of the lease agreement and its variations, aiming both at the legal norms in Romania, and the ones in the Republic of Moldavia (included in the civil code and the special laws), at the same time approaching the law matters signalled especially in the doctrines of the two countries, as well as those in the doctrines of other countries (France, Italy, Canada, USA, Germany, Russia).

Within the 4 chapters of the thesis I have drafted personal opinions and made scientific recommendations, regarding law issues relating to: the terms used in legal dispositions regarding the lease; the demarcation of the lease from other contracts and its resemblances to other contracts; the legal capacity of the contracting parties (the issue of limiting the right to accommodations of the spouse by the conclusion of cancellation of a convention by the other spouse); the requested form ad probationem of the lease (the value of the contract object); the range of goods that could make the object of the lease; the obligations of the lessee (the obligation to hand in the goods); urgent repairs that come up during the lease; the warranty for vice of the goods being leased; the reestablishment of the value balance of the parties provision in case of its “breaking” ; the obligation to return the goods; the obligation of protection against intrusions; liability for fire; the sublease; the cessation of the lease (the unilateral denunciation of the lease); the expiration of the term – tacit relocation; the legal nature of the lessee’s right of use;

Moreover, we have made scientific recommendations and expressed our opinions regarding law issues relating to: the intermediation of the dwelling rent; the lessee’s access to the property on the grounds of his first refusal right; the capital repairs in the lease; the lessee’s obligations; the conveyance of the lease; the assignation of the benefit of the lease in case of divorce of the spouses; the legal capacity of the parties in the lease; the range of people that can qualify as lessees; the issue of the deadline in the lease; the sublease and the conveyance of the lease; the qualification of the leasing contract as a special variety of the lease.

The study presented in this doctor’s degree thesis – made of guiding marks for the changes and the addenda necessary to the legislations of the two states (Romania and the Republic of Moldavia), which will support the drafting of legal texts superior to the ones existing at the moment – will be used with in instructive purpose in the Law Upper Learning, as well as a source of information for the completion of the legal knowledge of people who are interested in these issues.