ARHIVELE OLTENIEI - Universitatea din Craiova

286Robert Paul Puică, Denisa Loredana Bicăfrom the Civil Code). The contract can be certainly concluded not only by theowner but also by the holder of the real minor right, as the usufructuary and theholder of the emphyteusis right.It is though taken into account the fact that, from a historical point ofview, the letting contract had an even more ample content and involved in itsenvironment the labor contracts, private enterprise contract, transport contract(locatio operis) and those of subordinate labor (locatio operarum). Contractualforms which have completely detached from the letting area 1 .An other variety of Italian common law letting is the rental (letting) ofurban real properties, variety that is treated in a special regime, due to the factthat it is one of the fields where the legislator interventions were more frequent,finalized with the conciliation of the demands, apparently irreconcilable (as thelodges willing low payments, contractual prolongations and the owner’s strivingfor perceiving adequate payments and for reobtaining the real propertyavailability to the settling day.Also, the Italian Civil Code regulates the conclusion (letting) of theproductive things. Thus, when the letting has as an object a productive thing – arural fund – (art. 1628 c.c.) or an enterprise (art. 2562 c.c.), the contract is named“for rental”. It has to be about a thing able to have results by itself; if it would,instead, be about a single car, or about locals where it is arrived again to theletting form.The letting (rental) of ships, is an other variety of the regulated by theItalian legislation letting. On the foundation of the Italian Naval Code (art. 265c.) it is understood by the rental contract of a ship, the contract in which theship-owner assumes the exercise of a ship (he oblige himself to offer to anotherpart named client), or utilizes it for navigation, as owner or preliminarilyobtaining the capacity to use the ship, by reason of a life interest or of a letting.To mention that this type of contract differs from the usual lettingcontract under numerous aspects, one of these being the obligation of thefulfillment of the written form, for the evidence of the contract (art. 365 bis,Naval Code).In Italian doctrine this contract is qualified as one that enters in the fieldof the lease, the ship-owner engaging himself not only to offer the client theship, but also to carry out a service in the benefit of the client.We finally mention the letting of the computers contract, throughwhich one part named concedent he obliges himself towards another part namedconcessionaire, to ensure the temporary usage of an equipment hardwaresoftware(computer, computers, computers network) in the exchange of a pricedetermined by the parts, representing the equivalent value of the letting and theservice. This contract completes the enumeration of the main types of Italianletting, from which this is the most complex, since the computer letting (of thehardware and the software), inclusive the operations of installing, obtaining the1 G. Benotti, F. Galano, Diritto privato, Cedam, Padova, 2004, p. 542.