The delay of paying the leasing rates in the current Romanian regulation. Project adopted in 2018. Analysis of comparative law

• Author: Silvia Lucia Cristea
• Pages: 213-219

The delay of paying the leasing rates in the current Romanian

regulation. Project adopted in 2018. Analysis of comparative law

Professor Silvia Lucia CRISTEA1

Abstract

This p aper aims to demonstrate why the solution voted by the Romanian Senate

regarding the limitation of the users responsibility in the leasing contract, by modifying the

Government Ordinance no. 51/1997 concerning the leasing operations and the leasing

societies, in March 2018, is not grounded enough legally, and why we do not recommended

to be adopted, even if, de plano, we agree with the increased protection of the user. In this

argumentation we use comparative law.

Keywords: leasing, non-payment of the leasing rates, damages-interests owed by

the user/tenant, delay of paying.

JEL Classification: K22

1. Introduction

The Romanian legal doctrine regarding lea sing is particularly abundant,

which proves that the interest of the theorists for this special legal operation, taken

from the Anglo-Saxon law. The utility it presents in practice for the contracted

parties, and also for the third parties, explains the effort of adaptation made by the

Romanian legislator to regulate this legal institution, seldom paying tribute to

principles of civil law (continental).

Apart from the effort made by the doctrine for the “elucidation” of leasing

enigmas, compared to other similar contracts, but not identical 2, the practice

nowadays has imposed the formulation of a proposal to modify the text of

Government Ordinance no. 51/1997 regarding leasing and leasing operations3. We

refer to t he legislative proposal which was adopted on March 26th this year by the

1 Silvia Lucia Cristea - Department of Law, Bucharest University of Economic Studies, Romania,

silvia_drept@yahoo.com.

2 See in this regard T.R. Popescu, Law of international commerce, E.D.P., Bucharest, 1983, p. 255.

3 The Romanian legislation of leasing is given by the Government Ordinance no. 51/1997 regarding

leasing and leasing societies, republished in the Official Gazette no. 9 on January 12th 2000, approved

and modified through Law no. 90/1998, published in the Official Gazette no. 170 on April 30th 1998;

Law no. 533/2004 for modifying and completing the Government Ordinance no. 51/1997 regarding

leasing and leasing societies published in the Official Gazette no. 1135 on December 1st 2004; Law

no. 287/2006 for modifying and completing of the Government Ordinance no. 51/1997 regarding

leasing and leasing societies, published in the Official Gazette no. 606 on July 13th 2006.