ARHIVELE OLTENIEI - Universitatea din Craiova

290Robert Paul Puică, Denisa Loredana Bicăbe protected through the juridical rules, establishing their juridical circulationand their utility, but also the protection of the persons among who it is concludedthe specific juridical report, impose the supplementary formal requests.So, different types of letting, as the lease and the services of the workswill have to be submitted to the special rules, dedicated especially to thedefining of their juridical regime. Consequently, the common law, representedby the texts of the code, even if they have never been abrogated, became out-ofdate,the common laws undertaking to confirm the juridical regime of theseforms of letting. However, even if at present, regarding the contract of leasing,the rules of the Law no. 16/1994 8 which completes the dispositions of the CivilLaw are clear, in the letting services (work) contract, there are seriouscontroversies, because of the fact that this contract is overlapped with thedispositions regarding the labour contract, to whom the dispositions of theLabour Code are applicable.The French Civil Law (Civil Code) constituted the source of our civilcode 9 , and in the case of letting represented – support of rules that were totallyassumed 10 . The French Civil Code, as the Romanian one, does not consist ofcertain regulation regarding the form, leaving the contract to the yield to thecommon law rule of the consensualisme. Also, as probation the French CivilCode foresees derogations from the common law rules, which were totallyassumed also in our civil law.The general judicial regime of the letting regulated by the code visesrules related to the form of the judicial act, to the differences given by the objectof the contract.Historically, the successive regulations of the letting contractdemonstrated that the importance of the located good usually determines also theform of the contract, the legislator setting up indirectly, through the form,instruments destinated to protect the parts and their goods towards the intentionsnot always good of the co-contractors.But not in all cases the economic and social value of the good entails aspecific consequence.This logical conclusion is rather characteristic to the modern law. In theancientness, with the exception of the roman law in the republic, the legislator didnot use ceremonies to ensure the security of the civil circuit, their role beingmaintained more under the aspect of consolidation in the co-contractors mind ofan image of law as complicated as possible, with divine features, unknown to man.8 Published in Romania’s Official Gazette, Ist Part, no. 91 from 7.04.1994, later modifiedthrough Law no. 58/1995, Law no. 65/1998 and Ordinance no. 157/2002, approved through Lawno. 350/2003.9 Francois Laurent, de Leon Siville (conseiller a la Cour d’appel de Liege), Supplementaux Principes de Droit Civil, tome sixtieme, Bruxelles, 1903, p. 503.10 French Civil Code esspecialy takes care of the buildings and lands letting, these rulesbeing applied in the matter of mobile goods as long as it doesn’t exist incompatibilities.