ARHIVELE OLTENIEI - Universitatea din Craiova

CERTAIN ASPECTS OF COMPARATIVE LAWREGARDING THE LETTING CONTRACTROBERT PAUL PUICĂ, DENISA LOREDANA BICĂTo mention that the evolution of the law in the field of the lettingcontract has underlined the deep changes brought of the necessity of itscontinuous adaptation to the socio-economical realities or of other nature.The adage “Locatio et conductio proxima est emptioni venditioni,iisdemque iuris regulit consistit” confirms the reality that, analyzed as a juridicalinstrument, the contract has always been the result of same experiences thathave passed through the time, the utility of this institution being proved onlyafter there are repeatedly established relations between persons, relations thatdefine its content.During history, man has permanently been preoccupied to set upmaterial or spiritual structures to define and facilitate his existence. And all thesenew creations have been conceived on the idea of the insurance of the mainnecessities of the individual, which imply the living and especially thecohabitation.One of the essential necessities of the individual is determined by theinsurance of a good’s use (mobile or real property), which should be able tosatisfy the user. Apart from the economic elements, essential in this purpose, thejuridical ones accomplish a determining role, in this time being consolidated theconception according to which the law is in the service of people, the contraryharming.By drawing a parallel, we will underline that by the buying-salesagreement, exchange agreement, donation agreement, etc. this one can beobtained only in usage, with free title or with the payment of an equivalent valuefor this one. In the last situation the foundation of the usage is given by theclosure of a letting contract.Next, we propose ourselves to present some aspects concerning theletting contract, the way that they are crystallized in the juridical literature andjudiciary practice from Europe, to serve as a comparison foundation for a betterapplication and/or completion of the present legal dispositions in this area.In the regulation of the Italian Civil Code, the letting is the contractthrough which a part obliges itself to permit the usage by the other part of amobile thing or real property, for a certain period, with a certain period, with acertain equivalent value (art. 1571 Civil Code of Italy). As is shown from thedefinition, we can talk about letting just in the case when it is foreseen anequivalent value; on the contrary, we will arrive again to the free loan (art. 1803ARHIVELE OLTENIEI, Serie nouă, nr. 21, 2007, p. 285–292