ARHIVELE OLTENIEI - Universitatea din Craiova

Certain aspects of comparative law regardind the letting contact 289From these definitions, it results the fact that to the tenant it istransmitted not only the attribute of usage but also the possession one, throughwhich his rights for the rented good enlarge substantially. This orientationstrengthens the tendency of the legislation in the last years of enlargement rightsand of liberties of participants to the juridico-civil rapports and by theelimination in a certain measure of the restriction existent in the past.To compare, we can give the legal definitions, from the RussianFederation Civil Code, of the letting contract, in which the “letting” and “lease”have the same meaning.Thus, art. 606 from this Code establishes that on the basis of the leasecontract (letting), the lesser oblige himself to transmit to the tenant a patrimonywith payment in usage and temporary possession or only in temporary usage.According to art. 85 of the Foundations of the civil legislation of theformer URSS, on the foundation of the lease contract, the lesser oblige himselfto transmit to the tenant a patrimony in usage and possession or temporary usagewith payment.Returning to the Romanian Civil Code regulations, we underline that bythe its disposition was eliminated the form of the letting of public goods, whichare submitted in Romanian Law to a particular juridical system. The form of thecontract will also be different related to each type of contract, the impatience ofthe object entailing different consequences. This way, the common letting of themobile goods is not yielding to any formal special request, due to the fact thatthese did not represent, at least n the period of the appearance of the code,considerable values, as rural funds were considered.We also must underline another form of the letting contract: theundertaking which represents the convention through which a part is undertakento perform its services to the other one during a determined period or to achieve,with the help of the first part, a determined work, for a determined price.This letting is not submitted to some special requests of form in order to bevalid. The contraction of work achievement can be valid through a literal agreement,the proof rules from the common law, being also applied to this contract.The civil law also submitted the lease, as form of letting about the ruralfonds – grounds – to the same rules as well as its other forms, excepting theobject of the contract, that is the risks of the contract and the risks of the matter.This situation, even if represents the common law in matter, was notaccepted by the legislator for a long time, who disposed through special rules,derogations from code, juridical regime of this contract.As for the letting of the works, with its specific form – the letting of theservices or of the work (art. 1470, point 1, Civil law), even if the code representsthe common law, it was submitted to some changes, through the adoption by thelegislator of the rules which established the labour contract.Thus, the special importance of certain goods, their economic utility andtheir part in the civil juridical reports determined the legislator as regarding thegoods to establish specific requests. Not only the value of the goods which must