ARHIVELE OLTENIEI - Universitatea din Craiova

288Robert Paul Puică, Denisa Loredana Bicăthe letting is the element time, letting being by its nature a contract withextinctive term in which labor conscription of the tenant always consists insuccessive caterings corresponding to the usage of thing in time and theequivalent catering of the tenant is always calculated after the usage time, evenafter the price is fixed in a global way.Thinking that in the scholastic classification of right, the tenant’s rightisn’t considered from all points of view a real right it doesn’t have to be deducedas most of the authors do it, that when letting refers to a real property is howevera real one. Such an inflexible logic of classification is not admissible when it hascontrary consequences to the reality.Law gives us a clue concerning real nature of law, when it is submittedto the formality of transcription.In the doctrine of Moldavia Republic, letting is defined as the contracttrough which a part (lessor) promises to give the other one (tenant) a determinedindividual good in temporary usage or in temporary usage and possession, andthis one promises to pay the rent (art. 875, Moldavia Republic Civil Code) 7 .On the other hand, leasing, a variety of the letting contract, is thecontract concluded between a part – the owner, usufructuary or another, legalowner of lands, of other agricultural goods and the other part, concerning theirexploitation on a determined period and at a price established by the parts. (art.911, Moldavia Republic Civil Code).In the old Civil Code of the Moldavia Republic, for the temporary usageof some strange goods receiving a payment we use the general term of “rentalcontract and goods”.According to the art. 278 cc, on the foundation of the rental of goodscontract, the lessor oblige himself to transmit in temporary usage, in exchangewith a payment, some goods. The term “Contract of rental of goods” wasreproduced from the legislation of the former URSS. The same term was alsoused in the civil codes of other unional republics.It is attributed to the notions of “rental of goods” and “lease” a differentsense by the standards of some European states (Germany and Swiss). Thus, by“lease” it is understood the contract on which it is transmitted an equivalentpayment, not only the right of possessing the goods, but also the right to gatherthe results. On the basis of the lease there are rented commerce and industrialenterprises.According to art. 2, from 198/2003 Law (Moldavia Republic), the leasecontract is an agreement concluded between a part, as owner or another legalpossessor of the lands and agricultural goods, named lessor and another part,named tenant, for their exploitation on a determined period and at a priceestablished by the parts.7 Gheorghe Chibac, Aurel Băieşu, Alexandru Rotari, Oleg Efrim, Civil Law. Specialcontracts, vol. III, Cartier Juridic Publishing house, Chisinau, 2005, p. 119.