ARHIVELE OLTENIEI - Universitatea din Craiova

Certain aspects of comparative law regardind the letting contact 287license and of usage of the programs from the computer, are bound betweenthem, this contract tending more towards the private enterprise due to its nature.In Romanian legislation, the letting contract benefits from an ampleregulation from the part of the regulator.In this way, the Civil Code consecrates the title VI of the IIIrd Book(1410-1490), referring to four types of letting. Thus, according to art. 1413 CivilCode (art. 1712 French Civil Code) 2 there are several types of lettings: it iscalled rental, the letting of real properties and mobile goods; leasing is theletting of rural funds; employment and service letting has as purpose theobligation which someone assumes to carry out a thing or a work on a resoluteprice when the material is offered by the person who executes the work.According to 1411 article of Civil Code, letting 3 is defined as being thecontract of which a part called tenant pledge to assure the temporary usage 4 ,total or partial 5 of an unconsumable good, individual determined, in exchange ofan amount of money or other services, called rent 6 . As for the labor letting andcharges of conveyance, we can underline that is concentrates today on thesettlement of many branches of private law.Certainly, the derived object of the contract is the element whichdifferentiates the letting of rental contract and the leasing one.Thus, if utility right is transmitted to a locative space, the contract willbe a rental one and if the usage of agricultural goods is transmitted we can talkabout a leasing contract. As both rent and leasing represent Romanian regulationvarieties of the letting contract, letting rules represent for his contracts thecommon law. From our point of view, the characteristic of things letting is, assome authors affirm, the concession of usage integrality of which thing issusceptible because letting can have as purpose the concession of differentusages. That thing is susceptible, excluding the others. Related to the essence of2 Aubry et Rau, Cours de droit civil francais d'apres la methode de Zachariae, tomecinquieme, Cinquieme edition refondue et misse au courant de la legislation, de la doctrine et dela jurisprudence par G. Rau, Ch. Falcimaigne et M. Gault, Imprimerie et Librairie Generale deJurisprudence Marchal et Billard, Paris, 1907, p. 263-264. “l’usage ou la jouissance d’un chose -locatio rerum, fournir temporairement ses services - locatio operarum, faire pour son compte unouvrage determihe – locatio operis”.3The notion is from the Latin verb locare – to rent; in Latin, there is also a verbconducere – to hire, and that is why the contract is called letting-conductio. In Romanian thenotion of letting is used both for renting and hiring.4 In the letting definition, Civil Code perceives that usage transmission is done “for adetermined period” (art. 1411) – or in usage and temporary possession (art. 875 of Civil Code ofRepublic Moldavia). Actually, the contract can also be concluded without precising. The term (oran indeterminate) but letting cannot be eternal, perpetual. In exchange, the thing which forms theobject of the contract has to be determined. Otherwise, the understanding can constitute only aprecontract (promess of letting) which – in case of non-observance – is approved with the recoveryof damage payment.5 A. Bénabent, Droit civil. Les contrats speciaux, Paris, 1995.6 Francisc Deak, Civil Law Treaty. Special contracts, Universul Juridic Publishinghouse, Bucharest, 2001, p.173.