2014

Risks Under the Lease Agreement - Anca Mihaela Nistoroiu and Nicoleta-Angela Cherciu
In the following paper we intend to adress the issue of risks and liabilities incurrred during performance of leasing agreements due to the destruction or damage of the good leased. The emergency ordinance  nr.51/1997 states beyond the shadow of a doubt that the lessee is liable for any risk within the contract. Nevertheless this problem is submitted to a controversial analyses by many civil law scholars. In this respect, we suggest a new approach to the subject matter. The cause of disagreement is wether the applicable rule is res perit creditor or res perit domino stated as principle in art.558. In the first case, the lessee has a raise of claim governed by a contract calling for periodic performances, while in the second hypothesis we will present arguments in order to prove that the lessee has a right in rem. As a consequence, the risk is regulated depending on the legal status of the  parties, that is to be discussed.

Key-words: agreement, leasing, risk

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