Rezilierea vs Încetare a unui Contract de Închiriere

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În piața imobiliară, încheierea și gestionarea contractelor de închiriere sunt procese importante. În anumite circumstanțe, părțile implicate pot dori să pună capăt acestor contracte înainte de expirarea termenului stabilit. În astfel de cazuri, opțiunile disponibile sunt rezilierea contractului și cererea unilaterală de încetare a contractului de închiriere. Deși aceste două concepte pot părea similare la prima vedere, ele diferă semnificativ în ceea ce privește procesul, motivele și implicațiile juridice.

Premisa articolului de față rezidă în confuzia frecventă între rezilierea contractului, pe de o parte, și denunțarea unilaterală a contractului, pe de cealaltă parte. O astfel de confuzie se produce mai ales în redactarea contractelor de închiriere și comodat.

1. Rezilierea contractului de închiriere

Rezilierea unui contract de închiriere se referă la acțiunea părții care dorește să pună capăt unilateral contractului înainte de termenul prevăzut în contract. Rezilierea poate avea loc din mai multe motive, inclusiv nerespectarea de către una dintre părți a obligațiilor contractuale sau schimbări neprevăzute în circumstanțe care fac închirierea imposibilă sau impracticabilă. Aceasta poate fi o opțiune atunci când una dintre părți nu mai dorește să continue închirierea, dar cealaltă parte nu este de acord sau nu cooperează cu încheierea amiabilă a contractului.

Rezilierea contractului de închiriere este o modalitate de încetare a contractului, care intervine ca urmare a încălcării obligațiilor contractuale de către una dintre părți.

Potrivit art. 1551 din Codul civil, contractul se reziliază de drept atunci când:

  • locatorul sau locatarul nu execută o obligație esențială a contractului, iar cealaltă parte nu renunță la executarea obligației sale sau nu solicită rezilierea contractului;
  • locatorul sau locatarul își îndeplinește obligațiile cu întârziere, iar cealaltă parte nu renunță la executarea obligației sale sau nu solicită rezilierea contractului;
  • locatorul sau locatarul nu execută obligațiile sale în mod repetat, iar cealaltă parte nu renunță la executarea obligației sale sau nu solicită rezilierea contractului.

De asemenea, contractul de închiriere poate fi reziliat prin hotărâre judecătorească, la cererea părții care a suferit o vătămare din cauza neexecutării obligațiilor contractuale de către cealaltă parte.

Procesul de reziliere implică de obicei o notificare scrisă către cealaltă parte, specificând motivele rezilierii și intenția de a pune capăt contractului. Este important de menționat că, în cazul rezilierii, părțile pot ajunge în instanță dacă nu există un acord clar privind motivele sau consecințele rezilierii. De asemenea, rezilierea poate implica daune sau penalități, în funcție de termenii contractului și legislația locală.

Modele de cerere pentru încetarea unui contract de închiriere la cererea unilaterală a uneia dintre părți puteți găsi AICI.

2. Cererea unilaterală de încetare a contractului de închiriere

Denunțarea unilaterală a unui contract cu durată determinată poate conferi celeilalte părți dreptul la o anumită prestație din partea părții care denunță contractul, în baza acordului părților. În astfel de cazuri, încetarea contractului în baza denunțării unilaterale va opera doar în momentul îndeplinirii prestației stipulate în contract

Încetarea unui contract de închiriere poate avea loc și pe calea unei cereri unilaterale sau a unui act de comun acord. În acest caz, părțile implicate sunt de acord să pună capăt contractului înainte de termen, fără a se baza pe motive specifice sau nerespectarea termenilor contractuali. Aceasta poate fi o opțiune favorabilă atunci când ambele părți sunt de acord că continuarea contractului nu mai este în interesul lor sau din alte motive personale sau comerciale.

Procesul de încetare a contractului de închiriere prin cerere unilaterală sau de comun acord necesită cooperarea și acordul ambelor părți. Aceasta poate implica, de asemenea, aspecte precum termenii preavizului, returnarea depozitului de garanție și alte detalii specifice. Este important ca toate aceste aspecte să fie clar stipulate în acordul de încetare, pentru a evita eventualele neînțelegeri sau dispute ulterioare.

În concluzie, principala diferență între denunțarea unilaterală, pe de o parte, și rezilierea contractului, pe de altă parte, constă în natura juridică a acestora. Denunțarea unilaterală a contractului reprezintă o manifestare de voință expres permisă de lege a uneia dintre părți în sensul încetării contractului, fără a fi nevoie să se invoce anumite motive speciale. Cu toate acestea, rezilierea este o sancțiune contractuală care operează doar în situația în care una dintre părți nu îndeplinește obligațiile contractuale integral, exact și la timp, deci doar pentru un motiv întemeiat.

În plus, în timp ce denunțarea unilaterală intervine doar printr-o notificare scrisă adresată celeilalte părți în conformitate cu acordul stabilit de părți, rezilierea poate interveni prin hotărâre judecătorească.

Denunțarea unilaterală poate ridica problema executării unei prestații (despăgubiri/penalizări) pentru a fi legală, cu condiția să fie prevăzută în mod expres în contract, în timp ce rezilierea poate implica plata unor daune-interese pentru prejudiciile cauzate prin neexecutarea integrală, exactă sau la timp a contractului.

Prin urmare, distincțiile semnificative dintre aceste instituții de drept nu trebuie să fie neglijate, iar o înțelegere corectă a acestora în practica judiciară conduce la o aplicare mai eficientă a contractelor, luând în considerare conținutul legii civile și voința clară a părților.

Exemple

Rezilierea contractului de închiriere

  1. Chiriașul nu plătește chiria timp de două luni consecutive. Locatorul poate cere rezilierea contractului de închiriere, în baza art. 1551 alin. (2) din Codul civil.
  2. Locatorul vinde apartamentul închiriat. Locatarul poate cere rezilierea contractului de închiriere, nefiind de acord să continue contractul cu un alt locator.

Încetarea contractului de închiriere

  1. Chiriașul și locatorul încheie un act adițional la contractul de închiriere, prin care se prevede încetarea acestuia la data de (de exemplu) 31 decembrie 2023.
  2. Contractul de închiriere are o durată de un an. Contractul încetează automat la data de 31 decembrie 2023, în baza art. 1816 din Codul civil.

Un model de contract de închiriere în care se regăsesc și principalele situații în care părțile pot cere încetarea sau rezilierea contractului puteți găsi AICI.

În final, aș mai face o distincție între doi termeni. Există adesea o utilizarea neadecvată a termenilor reziliere și rezoluțiune.

Rezoluțiunea este o modalitate de încetare a unui contract, care intervine ca urmare a neexecutării culpabile a obligațiilor contractuale de către una dintre părți. Rezoluțiunea are efecte retroactive, adică contractul este considerat ca și cum nu ar fi fost niciodată încheiat.

Rezilierea este o modalitate de încetare a unui contract, care intervine ca urmare a acordului părților sau a împlinirii termenului contractual. Rezilierea nu are efecte retroactive, adică contractul încetează de la data la care părțile au convenit sau la data la care a expirat termenul contractual.

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  450. The 2 areas are shut sufficient collectively for us to conceive of a famous Buddhist trainer moving freely between them; maybe, for instance, he gained fame in Daksinakosala and traveled to the Krishna area (maybe to Nagarjunakonda) to receive patronage from a ruler there.

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  492. 16 November – The government introduced a sequence of measures in a bid to curb the unfold of COVID-19, with a closing time for bars, eating places and nightclubs to be midnight, family contacts of a person with COVID-19 to restrict movements for five days and take three antigen tests, folks required to earn a living from home the place attainable and vaccination certificates required for cinemas and theatres.

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  494. Though there are many parallels between regenerative farming and Organic farming principles – certainly, in many ways the two systems are very complimentary – there are nonetheless some fundamental differences at play, not least around the use of the herbicide glyphosate: some regenerative farmers favour its use to kill off weeds versus disturbing the soil with a plough; Natural standards strictly prohibit its use.

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