Car Contracts in Romania - Sale-Purchase, Loan and Lease
Users You are advised to carefully read the information presented., to take full responsibility for the decisions made and to seek professional assistance for special cases.
This guide aims to provide detailed and up-to-date information on the main types of car contracts used in Romania in 2024: the sales and purchase agreement, the loan agreement, and the rental agreement.
The main purpose of this guide is to support natural and legal persons who wish to conclude such contracts, providing them with a clear understanding of the legal, fiscal and practical aspects involved.
1.1. A brief overview of car contract types
In this guide, we will focus on the three main types of car contracts:
- Car Sales Contract: This is the most common type of car contract, which involves the permanent transfer of the right of ownership of a vehicle from the seller to the buyer, in exchange for a sum of money.
- Car lease contract: This type of contract assumes that the owner of a vehicle (the depositor) grants the right of free use of the vehicle to another person (the depositary), for a specified period of time, without transferring the right of ownership.
- Car Rental Contract: In the case of this contract, the vehicle owner (lessor) transfers the right of use of the car to another person (lessee) for a specified period of time, in exchange for a sum of money (rent).
In the following sections of this guide, we will discuss in detail each of these types of contracts, providing practical information and useful tips for their correct and efficient conclusion.
2. Car Sales and Purchase Agreement
The car sales contract is the most common type of contract in the automotive field, representing a legal agreement between the seller and the buyer of a vehicle, through which the right of ownership of the car is transferred in exchange for a sum of money.
2.1. What is a car sales and purchase agreement
A car sales contract is a legal document that certifies the transfer of ownership rights over a vehicle from the seller to the buyer. This contract establishes the terms and conditions of the transaction, as well as the rights and obligations of both parties involved.
According to the Romanian Civil Code (art. 1650), a sales contract is defined as "a contract whereby the seller transfers or, as the case may be, undertakes to transfer to the buyer the ownership of a property in exchange for a price which the buyer undertakes to pay".
2.2. The mandatory elements of the contract
To be valid, a car sales contract must include the following essential elements:
- The contracting parties: the seller and the buyer, identified by their full name, address, personal numeric code (CNP) or unique registration code (CUI) in the case of legal entities.
- Subject of the contract: the vehicle that is the subject of the sale, identified by the make, model, registration number, VIN (Vehicle Identification Number), year of manufacture, color, technical condition and any other relevant details.
- The price: the amount of money that the buyer undertakes to pay the seller in exchange for the vehicle. The price must be expressed in Romanian leu and may be paid in full at the time of signing the contract or in installments, according to the agreement between the parties.
- Payment method: the method of payment (cash, bank transfer, check, etc.) and payment terms, if applicable.
- Date and place of conclusion of the contract: the moment and place where the parties sign the contract, marking its entry into force.
- Signatures of the parties: the holographic signatures of the seller and buyer, attesting to their consent to the contractual terms and conditions.
In addition to these mandatory elements, the parties can include in the contract other specific clauses, depending on the particularities of the transaction and their agreements, as long as they do not contravene the law or good morals.
2.3. Steps for concluding a car sales-purchase contract
To correctly and efficiently conclude a car sales and purchase contract, it is recommended to follow the following steps:
2.3.1. Preparing the necessary documents
Before drafting the actual contract, make sure you have all the necessary documents at hand, which include:
- The identity documents of the seller and buyer (identity card, passport or residence permit, as the case may be)
- Vehicle Registration Certificate
- Vehicle Identity Card (VIC)
- Last proof of vehicle tax payment
- The seller's fiscal certificate, certifying that they have no debts to the local budget
- The periodic technical inspection report (ITP) is valid
- Other relevant documents, such as a notarial power of attorney, in case the seller is represented by another person
2.3.2. Negotiating Contract Terms
Before proceeding to the drafting of the contract, the parties must agree on all the terms and conditions of the transaction, such as:
- Vehicle price and payment method
- Delivery date and location of the vehicle
- Technical condition of the vehicle and any known defects
- Warranties offered by the seller, if applicable
- Other specific clauses, such as the seller's right of pre-emption in the event of a subsequent resale of the vehicle
It is important that these aspects are discussed in detail and agreed upon by both parties to avoid any misunderstandings or subsequent disputes.
2.3.3. Signing the contract
Once all the parties have agreed on all the terms and conditions, the actual drafting of the contract can begin. It can be drafted by one of the parties or by a professional (lawyer, notary, etc.).
The contract must be drawn up in writing, in a clear and concise language, without abusive or ambiguous clauses. It is recommended that both parties carefully read the contract before signing and request clarifications, if necessary.
Once the contract has been signed by both parties, it has legal effect and engages their liability for the fulfillment of the assumed obligations. It is recommended that each party keep at least one original copy of the signed contract.
2.4. Obligațiile părților
The car sales and purchase contract gives rise to mutual rights and obligations for the signing parties, which must be fully respected for the smooth conduct of the transaction.
2.4.1. Seller's obligations
The main obligations of the seller are:
- Vehicle delivery obligationThe seller must deliver the sold vehicle to the buyer, along with all its accessories and relevant documents (keys, registration certificate, vehicle identity card, etc.), on the date and at the place specified in the contract.
- Warranty against hidden defectsThe seller is responsible for any hidden defects of the vehicle that existed at the time of sale and which diminish its use or value. The seller may be required to repair these defects or even to resolve the contract in cases provided by law (arts. 1707-1715 Civil Code).
- Obligation to informThe seller must inform the buyer about the actual condition of the vehicle, any known defects, damage and repair history, etc. Any false or incomplete statement by the seller regarding the condition of the vehicle may result in contractual liability.
- The obligation to transfer ownershipThe seller is obliged to transfer to the buyer the right of ownership of the vehicle, free from any encumbrances or third-party rights. This includes, among other things, taking the necessary steps to have the vehicle removed from the tax records and handing over to the buyer all the necessary documents for registering the vehicle in his name.
2.4.2. Buyer's obligations
The main obligations of the buyer are:
- Payment obligationThe buyer must pay the seller the agreed price for the vehicle, in the amount, manner and terms established in the contract. Payment can be made in full at the time of signing the contract or in installments, according to the agreement between the parties.
- Vehicle pickup obligationThe buyer is obliged to take over the purchased vehicle, along with all accessories and related documents, on the date and at the place established in the contract. The unjustified refusal of the buyer to take over the vehicle may lead to the resolution of the contract and the obligation to pay damages to the seller.
- Vehicle Registration Obligation: After taking over the vehicle, the buyer is obliged to take the necessary steps to transfer the ownership title and register the vehicle in his name within the legal term (usually 90 days from the date of acquisition of the ownership right). Failure to fulfill this obligation may result in fines and even the suspension of vehicle registration.
- Vehicle Inspection Obligation: The buyer is obliged to carefully check the condition of the vehicle before purchasing and to inform the seller of any defects or non-conformities found. After taking over the vehicle, the buyer can no longer invoke apparent defects, which he could have detected with minimal diligence at the time of delivery-receipt.
2.5. Transfer of ownership rights
One of the main effects of the car sales-purchase contract is the transfer of ownership of the vehicle from the seller to the buyer. This transfer usually takes place on the date of signing the contract and the delivery-receipt of the vehicle, unless the parties have stipulated otherwise in the contract.
From this moment on, the buyer becomes the legal and de facto owner of the vehicle, taking on all the rights and obligations that come with this status. They have the exclusive right to use, dispose of, and benefit from the vehicle, provided that they comply with legal and contractual provisions.
To be opposable to third parties, the transfer of ownership must be registered in the public records, namely in the National Register of Driving Licenses and Registered Vehicles, kept by the Directorate for Driving Licenses and Vehicle Registration (DRPCIV). This registration is made based on the request of the new owner, accompanied by proof of the transfer of ownership (sale-purchase contract, fiscal invoice, etc.).
2.6. Warranty and Liability
The car sales and purchase contract may include certain guarantees provided by the seller regarding the condition and qualities of the sold vehicle. These guarantees can be legal (provided by law) or conventional (established by agreement between the parties).
The main legal guarantees are:
- Warranty against hidden defects (Art. 1707-1715 Cod Civil): The seller is responsible for the hidden defects of the vehicle, which existed at the time of sale and which diminish its use or value. The buyer may request, depending on the case, the resolution of the contract or the appropriate reduction of the price.
- Compliance Guarantee (O.U.G. no. 140/2021): In the case of the sale of new vehicles, the seller is responsible for any lack of compliance that exists at the time of delivery and which appears within a period of 2 years from delivery, except where the buyer knew or could not, reasonably, be unaware of the lack of compliance.
In addition to these, the parties can include in the contract other conventional guarantees, such as the guarantee of good functioning for a certain period of time, the guarantee for certain parts or systems of the vehicle, etc. These guarantees must be expressed clearly and unequivocally in the contract, specifying the conditions and terms under which they operate.
In case of breach of contractual obligations or warranties, the parties may engage in contractual liability towards each other. Thus, the injured party may claim compensation to cover the damage suffered, the resolution of the contract or other remedies provided by law or contract.
To avoid potential disputes and protect their rights, it is recommended that the parties be cautious when concluding the contract, thoroughly check the vehicle and its documents, negotiate the contractual clauses in good faith, and fully comply with them during the performance of the contract.
2.7. Tax and Legal Aspects
The sale-purchase of a vehicle also involves a series of fiscal and legal aspects, which must be taken into account by the parties in order to comply with the legal requirements and avoid possible sanctions.
The main points to consider are:
- Payment of the transfer tax on the right of ownership (Article 111 of the Fiscal Code): In the case of the sale of a vehicle between individuals, the buyer owes a tax of 2% of the market value of the vehicle, which is paid to the local tax authority in the area where the buyer resides. This tax must be paid within 30 days from the date of signing the contract.
- Tax registration of the transaction: The sale of a vehicle must be registered in the fiscal records of the parties, as applicable. Legal entities must issue a fiscal invoice for the sale of the vehicle and record it in their accounting records. Natural persons who generate income from the sale of vehicles must declare it to the competent tax authority, in accordance with the law.
- Vehicle deletion and registration: After the contract is signed, the seller is obliged to remove the vehicle from the fiscal records, and the buyer is obliged to register it under his name within 90 days. These operations are based on the documents provided by law (contract, fiscal certificate, vehicle identity card, etc.) and imply the payment of specific taxes.
- Compulsory Third-Party Liability Insurance: Upon registering the vehicle in their name, the buyer is required to obtain a motor third-party liability insurance (MTPL), which covers damages caused to third parties in traffic accidents. Failing to have a valid MTPL policy is a violation and is punishable by a fine.
To ensure they meet all legal requirements, the parties can seek the services of professionals (lawyers, notaries, accountants, etc.), who will provide them with specialized assistance and advice in concluding and executing the car sales-purchase contract.
2.8. Contract templates and step-by-step explanations
To support the readers of this guide, we will provide several car sales and purchase contract templates, with detailed explanations for each clause. These templates can be adapted and customized according to the needs and preferences of each party, while respecting legal requirements and industry best practices.
We will also provide step-by-step instructions for completing and signing these contracts, so that they are easy to follow and implement for anyone interested.
The contract templates and their explanations will be available in the appendix section of this guide and can be downloaded for free in an editable format.
3. Car Lease Agreement
The car lease contract is a type of contract by which the owner of a vehicle (the lessor) grants the right of free use of that vehicle to another person (the lessee) for a fixed period of time, without transferring the right of ownership.
3.1. Definition of the car lease contract
According to Article 2146 of the Civil Code, "The usufruct is a gratuitous contract by which one party, the usufructuary, transfers a movable or immovable property to the other party, the usufructuary, to use this property, with the obligation to return it after a certain period of time."
In the specific case of a car lease contract, the subject of the contract is a motor vehicle, and the contracting parties are:
- The comodant - The vehicle owner, who grants the right of free use of it;
- The lessee - The person who receives the right to use the vehicle for free, with the obligation to return it at the end of the contractual period.
By signing a car lease contract, the lessor does not lose ownership of the vehicle, but only transfers the right to use it free of charge, for a specific purpose and period, to the lessee.
3.2. The contracting parties - the lessor and the lessee
The contracting parties in a car lease contract can be:
- natural persons (e.g., family, friends, acquaintances)
- legal entities (commercial companies, associations, foundations, etc.);
- A natural person and a legal person.
Regardless of their nature, the parties must have full legal capacity to enter into a valid contract. This means that they must be at least 18 years old, not under interdiction, and able to freely and voluntarily express their consent.
In the contract, the parties will be identified by their full name, domicile, and personal numeric code (for individuals), or company name, registered office, unique registration code, and commercial register number (for legal entities).
Additionally, if one of the parties is represented upon conclusion of the contract (e.g. by an attorney-in-fact or legal representative), this must be expressly stated in the contract, specifying the capacity and the proof of authorization of the representative.
3.3. The essential elements of a car lease contract
To be valid and enforceable, a car lease contract must include the following essential elements:
- Subject of the contract - The vehicle that is the subject of the lease, identified by brand, model, registration number, chassis number, year of manufacture and other relevant characteristics.
- Durata contractului - The period for which the right of free use of the vehicle is granted, which may be determined (e.g. 1 year, 6 months, etc.) or undetermined (until a certain date or until the renunciation of one of the parties).
- Scopul folosinței - The purpose for which the lessee may use the vehicle (e.g., for personal use, for professional activities, etc.). The lessee may use the vehicle only for the purpose specified in the contract, under the sanction of contractual liability.
- Obligațiile părților - the specific rights and obligations of the bailor and bailee, which arise from the nature of the contract and the agreements between the parties.
- Return policy - The conditions under which the borrower must return the vehicle at the end of the loan period (for example, in the same condition as received, with normal wear and tear, at a specified location, etc.).
In addition to these essential elements, the parties can include in the contract other specific clauses, such as: the method of delivery and receipt of the vehicle, the allocation of maintenance and repair expenses, liability for any damage or malfunction, the possibility of unilateral revocation of the contract, etc.
It is advisable for all these aspects to be negotiated and agreed upon by the parties before signing the contract and to be clearly and unequivocally reflected in its content.
3.4. Contract Duration
The duration of the car lease agreement represents the period of time for which the lessor grants the lessee the right to the free use of the vehicle.
This duration can be:
- Determined - When the parties establish a fixed term for which the lease will produce effects (e.g., 1 year, 6 months, until a certain calendar date, etc.). Upon the expiration of this term, the contract terminates by operation of law, and the lessee is obliged to return the vehicle.
- Indeterminate - When the parties do not establish an explicit term for the termination of the contract, it shall remain in effect until it is unilaterally revoked by the lessor or until the lessee waives it. In this case, the lessor may demand the return of the vehicle at any time, and the lessee is obliged to return it within 3 days of receiving notification to that effect.
The duration of the contract must be expressly mentioned in its content. In the absence of an express provision, it is considered that the parties have concluded a contract for an indefinite period.
During the term of the contract, its duration may be extended by agreement of the parties, by concluding an additional act to this effect. The contract may also be revoked unilaterally by the grantor before the expiry of the established period, in the cases and conditions provided by law (Art. 2156 Civil Code) - for example, when the grantor himself has an urgent and unforeseen need for the vehicle or when the grantee uses the vehicle in breach of the contractual conditions.
3.5. Rights and obligations of the parties
The car loan agreement gives rise to specific rights and obligations for each of the parties, which must be respected for the entire duration of the contract.
3.5.1. Rights and obligations of the lessor
The main rights of the beneficiary are:
- The right to set the terms of use of the vehicle (purpose, duration, geographical area, etc.);
- The right to check how the lessee uses and maintains the vehicle;
- The right to unilaterally revoke the contract in cases provided by law;
- The right to get the vehicle back at the end of the loan period, in the agreed condition.
The main obligations of the lessee are:
- The obligatoriness of delivering the leased vehicle to the lessee in a proper working condition, along with all the necessary accessories and documents (registration certificate, RCA insurance, service book, etc.);
- The obligation to ensure the peaceful use of the vehicle by the lessee for the entire duration of the contract, without disturbing or hindering the exercise of the rights granted by the contract;
- The obligation not to alienate the vehicle and not to constitute real rights over it in favor of third parties during the lease term;
- The obligation to bear the expenses necessary for the use of the vehicle, unless otherwise provided by contract (Art. 2151 para. 1 Civil Code);
- The obligation to repair the damage caused to the lessee by the hidden defects of the vehicle, which the lessor knew about at the conclusion of the contract (Art. 2152 Civil Code).
3.5.2. Rights and obligations of the lessee
The main rights of the lessee are:
- The right to use the vehicle for free, for the duration and under the conditions established in the contract;
- The right to peaceful use of the vehicle for the entire duration of the contract;
- The right to be compensated for damages caused by hidden defects of the vehicle, if the lessor knew about them at the time of concluding the contract.
The main obligations of the lessee are:
- The obligation to use the vehicle with caution and diligence, according to the purpose established by contract (art. 2148 para. 1 Civil Code);
- The obligation not to allow a third party to use the vehicle without the prior agreement of the lessor (Art. 2148 para. 2 Civil Code);
- The obligation to bear the current maintenance expenses of the vehicle (fueling, washing, technical checks, etc.), unless otherwise provided by contract;
- The obligation to bear the risks of damage or loss of the vehicle in case of fortuitous event, if he used the vehicle in breach of the contractual conditions (art. 2149 para. 2 Civil Code);
- The obligation to return the vehicle to the lender at the date specified in the contract or, in the absence of a date, at the request of the lender (Art. 2155 Civil Code);
- The obligation to compensate the lessor for damages caused by the improper use of the vehicle or by breaching contractual obligations.
These rights and obligations can be supplemented or detailed by specific clauses, negotiated by the parties and inserted into the contract. It is important that both parties fully understand the implications of these provisions and comply with them in good faith throughout the duration of the contract.
3.6. Return of the goods
The return of the vehicle by the borrower is one of the main obligations arising from the car loan contract. This assumes that, at the end of the loan period, the borrower will return the vehicle to the lender, under the terms established by the contract.
According to Article 2155 of the Civil Code, "The bailee is obliged to return the property upon the expiration of the agreed term or, in the absence of a term, after he has used the property in accordance with the agreement." This means that:
- If the contract includes an explicit return term (e.g., 1 year, 6 months, etc.), the lessee must return the vehicle upon the expiration of this term, without the need for a summons or prior notice from the lessor;
- If the contract does not specify an explicit return date (open-ended contract), the user must return the vehicle after using it for the agreed-upon purpose and duration, upon the request of the owner. In this case, the owner can demand the return of the vehicle at any time, and the user is obliged to return it within 3 days of receiving the notification.
The vehicle must be returned in the same condition as it was handed over by the lender at the beginning of the loan period, taking into account normal wear and tear resulting from use in accordance with its purpose. The borrower is responsible for any damage or malfunctions that go beyond normal wear and tear and are attributable to them.
Upon returning the vehicle, it is advisable for the parties to draw up a handover protocol, in which they note the condition of the vehicle and any observations or reservations. This document can serve as evidence in the event of any subsequent disputes.
If the bailee fails to return the vehicle by the agreed-upon date or upon the demand of the bailor, the latter may petition the court to compel the bailee to return the property and to pay compensation for any damages caused by the delay in fulfilling the obligation to return the property.
3.7. Termination of the contract
The car lease contract can end in the following ways:
- Upon expiration - If the contract has been concluded for a fixed term, it shall terminate by operation of law upon the expiry of the term without any prior notice being required.
- Unilateral revocation - The lessor may unilaterally revoke the contract before the expiry of the term in the cases provided by law (Art. 2156 Civil Code): In these cases, the lessor must notify the lessee of the revocation, and the latter is obliged to immediately return the vehicle.
- when the proxy itself has an urgent and unforeseen need for a vehicle;
- upon the death of the tenant;
- when the lessee fails to comply with the terms of use stipulated in the contract.
- Unilateral renunciation - In the case of contracts concluded for an indefinite period, the lessee may terminate the lease at any time, provided that he notifies the lessor in this regard. The vehicle shall be returned within the period established by the parties or, in the absence of a period, within a maximum of 3 days from the receipt of the notification.
- By cancellation - In the event that one of the parties fails to fulfill their contractual obligations, the other party may request the termination of the contract and the return of the vehicle, along with compensation for any damages incurred, if applicable.
- Due to unforeseen circumstances - The contract ends by operation of law if the vehicle has perished or been lost, or if its use has become impossible due to force majeure (Art. 2158 para. 1 Civil Code). In these cases, the bailee must immediately notify the bailor and take the necessary measures to preserve the vehicle.
Regardless of the method of termination of the contract, the lessee is obliged to return the vehicle in the condition in which he received it, taking into account normal wear and tear, and to compensate the lessor for any damage caused by the improper use of the property.
3.8. Specific Legal and Tax Aspects
The car lease contract has some fiscal and legal particularities that must be taken into account by the parties to avoid potential sanctions or litigation.
From a fiscal point of view, the main aspects to keep in mind are:
- The loan for use is a contract with no title, which does not involve the payment of rent or remuneration between the parties. As such, the income obtained by the lender from the provision of the vehicle for use is not taxable;
- If the comodatary is a legal person, the granting of a vehicle to a natural person (for example, an employee or collaborator) can be considered a benefit in kind and subject to taxation under the Fiscal Code (art. 76 para. 3 lit. b);
- The borrower cannot deduct the maintenance and repair expenses of the vehicle used in the loan, as these are considered non-deductible expenses.
- For vehicles registered in other states and used in Romania under a loan agreement, the borrower is obliged to pay the road tax and have the necessary documents (green card, valid RCA insurance, etc.).
From a legal standpoint, the key points to keep in mind are:
- The car loan agreement is not subject to a special form and can be concluded in writing or orally. However, to avoid any difficulties of proof, it is advisable for the parties to conclude the contract in writing, specifying all essential clauses.
- If the vehicle that is the subject of the lease is owned by the lessor in joint ownership with other persons (e.g., family members), the agreement of all joint owners is necessary for the valid conclusion of the contract;
- If the vehicle is registered to someone other than the lessee (for example, in the case of leased vehicles), the consent of the registered owner is required for the sublease of the vehicle;
- The borrower must hold a valid driving license for the category of vehicle being borrowed and must comply with the rules of the road and the terms of use specified in the contract, otherwise they may be subject to administrative, civil, or criminal liability.
- In the event of a traffic accident involving the vehicle received on loan, the borrower is personally liable to third parties affected by the limits of the RCA insurance. For damages exceeding the compensation limit of RCA insurance, as well as for damage to the vehicle, the borrower may be required to compensate the lender if the accident was due to their fault.
To avoid any legal or fiscal issues, the parties must be properly informed before concluding the contract and should seek professional assistance (lawyers, accountants, etc.) whenever they have doubts about their rights and obligations.
3.9. Contract templates and completion instructions
To support our readers, we will provide some car lease agreement templates, which can be downloaded and customized according to the needs and preferences of each. These templates will include the essential clauses of a lease agreement, as well as some optional clauses that can be inserted by the parties to detail specific aspects.
We will also provide detailed instructions on how to fill out these templates, with explanations for each section. We will indicate which information needs to be completed by the parties (e.g., identification data, subject of the contract, duration of the usufruct, etc.), as well as how to draft certain clauses to be as clear and unambiguous as possible.
These templates and instructions will be available in the appendix section of the guide and can be accessed for free by anyone interested. However, we would like to remind you that they are for guidance only and that the parties should adapt them according to their specific situation and agreements, while respecting the legal provisions in force.
4. Car Rental Contract
The car rental contract, also known as a lease agreement, is an arrangement in which one party (the lessor) agrees to provide the other party (the lessee) with the use of a vehicle for a specified period of time in exchange for a sum of money (the rent).
4.1. What is a car rental contract?
According to Article 1777 of the Civil Code, "A lease is a contract by which one party, the lessor, undertakes to provide the other party, the lessee, with the use of a property for a specified period in exchange for a price, called rent."
In the specific case of a car rental contract, the good that is the subject of the lease is a motor vehicle, and the contracting parties are:
- The Locating Officer - Physical or legal person who rents out the vehicle and is obliged to ensure the lessee's use of it during the contract period;
- The Tenant - Physical or legal person who rents the vehicle and is obliged to pay the rent and return the vehicle at the end of the rental period.
By entering into a car rental contract, the landlord does not transfer the right of ownership of the vehicle to the tenant, but only the right to use it in exchange for the payment of rent. At the end of the rental period, the tenant is obliged to return the vehicle in the condition in which he received it, taking into account normal wear and tear.
4.2. The contracting parties - the landlord and the tenant
The contracting parties in a car rental contract can be:
- natural persons (e.g., individual vehicle owners);
- legal entities (commercial companies, car rental firms, etc.);
- A natural person and a legal person.
The capacity of the parties to validly enter into a contract is the same as in the case of a car lease contract (see section 3.2 above).
In the contract, the parties will be identified by their specific elements (name, address, identification data, etc.), and if they are represented by other persons, the data of the representatives and the proof of their authorization will be indicated.
4.3. The essential elements of a car rental contract
To be valid and enforceable, a car rental contract must include the following essential elements:
- Subject of the contract - The vehicle that is the subject of the rental, identified by its specific characteristics (make, model, license plate, etc.).
- Durata contractului - The period for which the lease contract is concluded, which may be determined (e.g., 1 month, 1 year, etc.) or undetermined (until a specific date or until unilaterally terminated by one of the parties).
- Renta - The amount of money that the tenant is obliged to pay to the landlord in exchange for the use of the vehicle, established as a fixed amount (e.g. X lei/month) or variable (e.g. depending on the number of kilometers traveled).
- Chirie plătită - terms and conditions for rent payment (e.g. in advance, monthly, by bank transfer, etc.);
- Obligațiile părților - The specific rights and obligations of the lessor and the lessee, arising from the nature of the contract and the agreements between the parties;
- Contractual liability - clauses regarding the liability of the parties for the non-performance or improper performance of contractual obligations, as well as for any damage caused by the tenant of the leased vehicle.
In addition to these mandatory elements, the parties can include in the contract other specific clauses, such as: the method of delivery and receipt of the vehicle, the use conditions imposed by the lessor, the possibility of extension or unilateral termination of the contract, penalty clauses, additional insurance, etc.
It is recommended that all these aspects be negotiated in detail by the parties and clearly and unequivocally reflected in the body of the contract.
4.4. Contract Duration
The duration of the car rental contract is the period of time for which the lessor undertakes to provide the lessee with the use of the vehicle in exchange for the payment of rent.
This duration can be:
- Determined - When the parties establish a fixed term for the contract to remain in effect (e.g., 1 month, 1 year, up to a specific calendar date, etc.). Upon the expiration of this term, the contract terminates by operation of law, unless the parties agree to extend it.
- Indeterminate - When the parties do not establish an explicit term for the termination of the contract, it remains in effect until unilaterally terminated by one of the parties, with the observance of a notice period.
The duration of the contract must be mentioned in its content, otherwise it is considered that the parties have concluded an indefinite-duration contract.
For fixed-term contracts, the parties can agree to extend the initial term by concluding a supplementary agreement. However, if the tenant continues to hold the property after the expiration of the term without the opposition of the landlord, it is considered that the lease has been tacitly renewed for an indefinite period (Art. 1810 Civil Code).
For contracts concluded for an indefinite period, either party may unilaterally terminate the contract, subject to a notice period established by the contract or, in the absence thereof, a reasonable notice period, in accordance with usage (Article 1809 of the Civil Code).
4.5. Price and payment method
The price or rent is the amount of money that the tenant agrees to pay the landlord in exchange for the use of the vehicle during the rental period.
The rent must be expressly established in the contract, in a determined or at least determinable amount. It can be set at a fixed amount (e.g., X lei/month) or variable (e.g., depending on the number of kilometers traveled, the actual duration of use of the vehicle, etc.).
If the parties have not established the amount of the rent or the criteria for determining it, it is considered that they have agreed to the rent provided by law or calculated in relation to the value of the property and the duration of the lease (art. 1798 Civil Code).
The payment method for the rent must also be provided for in the contract. This can include:
- upfront payment of the rent for the entire duration of the contract;
- periodic rent payment (e.g. monthly, quarterly, etc.);
- payment at the end of the rental period, after returning the vehicle.
Payment can be made in cash, by bank transfer or by any other means agreed upon by the parties and permitted by law.
If the tenant fails to pay the rent within the agreed upon timeframe, the landlord has the right to terminate the contract and repossess the vehicle, as well as claim damages for any losses incurred.
4.6. Rights and obligations of the parties
The car rental contract gives rise to specific rights and obligations for each of the parties, which must be respected throughout the duration of the contract.
4.6.1. Rights and obligations of the lessee
The main rights of the lessee are:
- The right to collect rent at the terms and under the conditions established in the contract;
- The right to request the termination of the contract and the return of the vehicle in case of non-payment of the rent or failure to comply with the contractual obligations by the tenant;
- The right to verify how the tenant uses and maintains the vehicle during the contract;
- The right to return the vehicle at the end of the rental period, in the agreed condition.
The main obligations of the lessor are:
- The obligation to deliver the vehicle to the lessee in a proper state of use, together with all accessories and necessary documents (Art. 1786 para. 1 Civil Code);
- The obligation to ensure the tenant's peaceful enjoyment of the vehicle for the entire duration of the contract (Art. 1786 para. 2 of the Civil Code);
- The obligation to carry out the necessary repairs to keep the vehicle in good working order throughout the duration of the lease, with the exception of wear and tear repairs (Art. 1788 Civil Code);
- The obligation to guarantee against hidden defects of the vehicle, which prevent or reduce its use (Art. 1790 Civil Code);
- The obligation to return the tenant's deposit (if provided for in the contract) after the return of the vehicle and the settlement of all obligations by the tenant.
4.6.2. Rights and obligations of the tenant
The main rights of the tenant are:
- The right to use the rented vehicle during the contract term, under the conditions established by the parties;
- The right to peaceful use of the vehicle for the entire duration of the contract;
- The right to be compensated for damages caused by hidden defects of the vehicle, if they existed at the time of delivery and the lessor knew or should have known about them;
- The right to request the termination of the contract and the return of the deposit in case the landlord fails to fulfill their contractual obligations.
The tenant's main obligations are:
- The obligation to use the vehicle as a good owner, according to the destination established in the contract (art. 1799 para. 1 Civil Code);
- The obligation to carry out the necessary repairs to the vehicle for its proper maintenance (Art. 1788 Civil Code);
- The obligation to pay rent on time and under the conditions provided for in the contract;
- The obligation to return the vehicle at the end of the rental period, in the same condition as received, less normal wear and tear (Art. 1799 para. 2 Civil Code);
- The tenant's obligation to compensate the landlord for any damage caused to the vehicle by misuse or failure to comply with contractual obligations.
These rights and obligations can be supplemented or detailed by specific clauses, negotiated by the parties and included in the contract.
4.7. Warranties and Assurances
To protect against the risk of non-payment of rent or vehicle damage, the landlord may require the tenant to provide a security deposit, which may consist of a sum of money or a valuable deposit (e.g., a bank guarantee letter).
The guarantee is usually set at a value equal to one or more rent payments and is returned to the tenant at the end of the rental period, provided that all contractual obligations have been fulfilled.
In the event that the tenant does not pay the rent or causes damage to the vehicle, the landlord has the right to withhold the deposit to cover the damages, with the remaining amount being refunded to the tenant.
In addition to the warranty, the landlord may also require the tenant to obtain certain insurance policies, such as:
- Compulsory motor third-party liability insurance (MTPL), which covers damage caused to third parties in traffic accidents;
- Casco insurance, which covers damage to the rented vehicle (collision, theft, vandalism, etc.);
- Additional insurance, such as driver and passenger transportation insurance, luggage insurance, etc.
These insurances can be concluded either by the lessor or the lessee, depending on the understanding between the parties. In any case, the costs of the insurances are usually borne by the lessee, either by including them in the rent price or by paying separate premiums.
4.8. Termination of the contract
The car rental contract can end in the following ways:
- Upon expiration of the term - For contracts with a fixed term, the contract automatically expires upon completion of the term for which it was concluded.
- By cancellation - In the event that one of the parties fails to fulfill its contractual obligations, the other party may request the termination of the contract by written notice. The termination takes effect from the date specified in the notice or, if no such date is specified, from the date of receipt of the notice by the other party.
- By unilateral denunciation - For contracts concluded for an indefinite period, either party may unilaterally terminate the contract, provided that a notice period is respected. The notice period may be set by the contract or, in the absence thereof, it must be reasonable, in accordance with usage.
- By mutual agreement - The parties may agree at any time to terminate the contract by a written agreement, which shall provide for the termination conditions (return of the vehicle, payment of the outstanding rent, regularization of the warranty, etc.).
- Through the death of the good - The contract terminates by operation of law in the event that the rented vehicle is totally destroyed due to a force majeure. If the destruction was caused by the fault of one of the parties, it shall be liable to compensate the other party for any damage caused.
Regardless of the method of termination of the contract, the tenant is obliged to return the vehicle in the condition in which he received it, and the landlord is obliged to return the deposit if the tenant has fulfilled all his obligations.
4.9. Tax and Legal Aspects
The car rental contract has some fiscal and legal particularities that must be taken into account by the parties:
- The lessee is obliged to declare and pay income tax on the revenue obtained from renting the vehicle, in accordance with the provisions of the Fiscal Code.
- The tenant has the right to deduct rental expenses and other costs related to the use of the vehicle (fuel, insurance, etc.), if it is used for professional or business purposes.
- For vehicles registered abroad and rented in Romania, the lessee must hold the necessary documents for legal circulation on public roads (green card, valid RCA insurance, etc.) and pay the related road taxes.
- If the tenant violates traffic rules and receives fines or causes accidents, he is directly responsible for paying the fines and compensating third parties, the landlord being exempt from liability (unless the damage was caused by hidden defects of the vehicle, known to the landlord).
To avoid any legal or fiscal issues, the parties must draft the contract clearly and comprehensively, in compliance with the relevant legal provisions. It is also advisable to inform themselves about their rights and obligations and to seek professional assistance when in doubt.
4.10. Contract templates and important clauses
As with the other types of contracts presented in this guide, we will provide our readers with lease agreement templates, which can be adapted and customized according to the needs of each individual case.
These templates will include the essential clauses of a car rental contract, as well as some optional clauses, which can be inserted by the parties to detail specific aspects, such as:
- Technical condition clauses of the vehicle at the time of delivery and return;
- Usage restrictions (such as prohibitions on leaving the country or transporting certain types of goods, etc.);
- Liability clauses for traffic violations;
- Clauses regarding the possibility of extending or renewing the contract;
- Early termination clauses and vehicle return conditions;
- Dispute Resolution and Governing Law Clauses.
For each clause, we will provide detailed explanations of the legal and practical implications, so that the parties fully understand the consequences of assuming these contractual provisions.
The contract templates and their explanations will be available in the annex section of the guide and can be downloaded for free by anyone interested.
5. Comparison between types of car contracts
After analyzing in detail each type of car contract (sale-purchase, usufruct and lease), we consider it useful to offer our readers a synthetic comparison between these types of contracts, highlighting the main similarities and differences between them.
5.1. Differences and similarities between sales-purchase contracts, loan and rental agreements
Here are some comparative aspects between the three types of car contracts:
- Transfer of ownership rights:
- In the case of a sales-purchase contract, the ownership of the vehicle is transferred from the seller to the buyer;
- In the case of a loan agreement, the ownership of the vehicle remains with the lender, the borrower acquiring only a temporary right of use.
- In the case of a lease contract, the ownership of the vehicle remains with the lessor, while the lessee acquires a right of use in exchange for the payment of rent.
- Paid or free:
- The sales-purchase contract is a remunerative title contract, assuming the payment of a price by the buyer;
- The loan agreement is a contract for free title, the borrower using the vehicle without owing any remuneration to the lender;
- The rental contract is a paid title contract, the tenant paying the landlord a rent for the use of the vehicle.
- Durata contractului:
- The sales-purchase contract is, as a rule, a contract with immediate execution, the transfer of ownership taking place at the moment of delivery of the vehicle and payment of the price;
- The loan agreement may be concluded for a fixed or an indefinite period, depending on the will of the parties;
- The rental contract is typically a contract for successive performance, for a fixed or indefinite period.
- Obligațiile părților:
- In the sales contract, the main obligations are the delivery of the vehicle (for the seller) and the payment of the price (for the buyer);
- In a loan agreement, the lender is obliged to provide the free use of the vehicle, while the borrower is obliged to take care of it and return it in good condition.
- In the rental contract, the landlord is obliged to ensure the use of the vehicle in exchange for the rent, and the tenant is obliged to pay the rent and return the vehicle at the end of the rental period.
- Contract Risks:
- In the sales contract, the risk of accidental loss of the vehicle is transferred from the seller to the buyer with the transfer of ownership;
- In a loan agreement, the risk of accidental loss of the vehicle remains with the lender, as the owner of the property;
- In the lease contract, the risk of the fortuitous loss of the vehicle remains with the lessor, as the owner of the property, except in cases where the loss was caused by the fault of the lessee.
Of course, these differences and similarities are not exhaustive and can be nuanced and supplemented depending on the specifics of each contract. It is important that the parties understand the legal and practical implications of each type of contract and choose the most suitable option for their needs and interests.
5.2. Advantages and disadvantages of each type of contract
Each type of car contract has a series of advantages and disadvantages that must be carefully weighed by the parties before making a decision.
- Sales and Purchase Agreement:
- Avantajele vânzătorului: obținerea unui preț corect pentru vehicul, transferul tuturor responsabilităților și riscurilor către cumpărător;
- Buyer advantages: full acquisition of ownership rights to the vehicle, the ability to use and freely dispose of it;
- Disadvantages for the seller: liability for hidden defects of the vehicle, warranty obligation;
- Disadvantages for the buyer: the need to pay the full price, bear all maintenance and repair costs.
- The loan agreement:
- Benefits for the comodant: the possibility of helping a close person or temporarily exploiting an unused vehicle, without losing the right of ownership over it;
- Avantajele pentru comodatar: utilizarea gratuită a unui vehicul, fără costuri de achiziție;
- Disadvantages for the comodatary: lack of remuneration for the use of the vehicle, the risk of damage or loss;
- Disadvantages for the lessee: precarious and temporary use of the vehicle, subject to revocation at any time by the lessor.
- Rental Contract:
- Benefits for the lessor: receiving constant income from renting out the vehicle, retaining ownership of the vehicle;
- Benefits for the lessee: the use of a vehicle for a fixed period, without the need for a large initial investment;
- Disadvantages for the locator: the obligation to ensure the continuous and peaceful use of the vehicle, the assumption of risks of depreciation and wear and tear of the vehicle;
- Disadvantages for the tenant: the need to pay regular rent, limited use of the vehicle according to the conditions set by the landlord.
The choice of the most suitable type of car contract depends on a multitude of factors, such as: the needs and preferences of the parties, the available budget, the desired duration of vehicle use, the risks and costs that each party is willing to assume, etc.
That is why it is important for the parties to carefully analyze all these aspects and to inform themselves in detail about the rights and obligations arising from each type of contract, so that they can make an informed decision.
6. Common Legal and Tax Aspects
Regardless of the type of car contract chosen (sale-purchase, usufruct or lease), there are a number of common legal and fiscal aspects that must be taken into account by the parties in order to comply with legal requirements and protect their interests.
6.1. Legal obligations for each type of contract
Each type of car contract entails the fulfillment of specific legal obligations, such as:
- In the case of a sales-purchase contract: the obligation to register the transfer of ownership rights with the competent authorities (vehicle registration service), the obligation to pay the related taxes and fees (stamp duty, tax on means of transport, etc.);
- In the case of a loan agreement: the obligation to notify the competent authorities of the identity of the borrower and the duration of the contract, the obligation to respond for road events caused by the borrower;
- In the case of a rental contract: the obligation to declare and pay income tax on rental income, the obligation to insure the rented vehicle and to be liable for any damage caused by it.
Failing to comply with these legal obligations may result in contractual parties facing administrative or even criminal sanctions, as well as negative consequences on the validity and effects of the concluded contract.
6.2. General tax implications
Each type of car contract also has some general tax implications that must be known and respected by the parties.
In the case of a sales-purchase contract, the seller is obliged to declare and pay income tax on the revenue obtained from the sale of the vehicle if this revenue exceeds a certain legal limit. The buyer, in turn, will owe transport tax on the purchased vehicle, depending on its type and characteristics.
In the case of a loan agreement, the lender is not, in principle, liable for taxes on the free use of the vehicle by the borrower. However, if the lender is a legal entity and the borrower is an individual (for example, an employee or collaborator), the free use of the vehicle may be considered a benefit in kind and subject to taxation under the Fiscal Code.
In the case of a lease contract, the lessor is obliged to declare and pay income tax on the income obtained from the lease of the vehicle, which can be qualified as either income from independent activities or income from the transfer of the use of goods, depending on the situation. The lessee, if it is a legal person, will be able to deduct the rent expenses and other costs related to the use of the vehicle, within the limits and conditions provided by law.
6.3. Special Situations and Solutions
In addition to the general aspects presented above, there may be some special situations that require special attention from the contracting parties and, sometimes, specific legal and fiscal solutions.
For example, in the case of car sales and purchase contracts where the buyer is a foreign individual, problems may arise regarding the payment and declaration of VAT, the registration of the vehicle in the destination country, obtaining the necessary documents for international circulation, and so on.
When it comes to vehicle lease or rental contracts, where the vehicle is registered in a different state from where it will be used, issues may arise regarding vehicle insurance, payment of road taxes, liability for any traffic violations, and so on.
To avoid such issues and find suitable solutions, it is advisable for the parties to inform themselves in advance about the applicable legal requirements and, if necessary, to seek the services of professionals (lawyers, accountants, tax consultants, etc.) who can provide them with specialized assistance and advice.
6.4. Regulatory and legislative changes in 2024
Due to the dynamic nature of the legislation in this field, it is possible that, by 2024 (the reference year of this guide), some changes or additions to the legal and fiscal regulations applicable to car contracts may occur.
That is why it is important for the contracting parties to periodically inform themselves about any legislative updates and adapt their contracts and practices accordingly.
Among the possible legislative changes that could impact car contracts in the future, we mention:
- Tax regime changes for income from the sale, rental or use of vehicles;
- Introduction of new registration, declaration or reporting obligations for car contracts;
- Amendments to the registration and circulation conditions of vehicles on public roads;
- Adoption of new regulations on consumer protection in car sales or rental contracts;
- Amending the civil liability and compulsory motor insurance regime.
Of course, these are just a few assumptions, and the actual legislative changes will depend on the legislator's will and the socio-economic and political context at the time.
In any case, to always be within the law and to protect their interests, the contracting parties must be aware of the applicable legal provisions and adapt their contractual conduct accordingly.
7. Practical Tips and Recommendations
In addition to the theoretical information and contract templates provided in this guide, we also want to offer our readers practical advice and useful recommendations for successfully concluding and executing auto contracts.
7.1. How to choose the right type of contract for your needs
The choice of the most suitable type of car contract (sale-purchase, usufruct, or lease) depends on a number of factors specific to each individual situation, such as:
- Personal or professional needs and preferences of the parties;
- Available budget and costs associated with each type of contract;
- Vehicle usage duration and frequency;
- Risks and responsibilities that each party is willing to assume;
- The fiscal and legal advantages and disadvantages of each type of contract.
To make the best decision, it's important for the parties to carefully analyze and weigh all these aspects, taking into account their specific priorities and interests.
For example, if the purpose is the occasional and short-term use of a vehicle, without assuming major costs and risks, a loan or rental contract may be a more suitable option than a sales-purchase contract.
If, on the contrary, you want to fully and definitively acquire the right of ownership of the vehicle, assuming all the related costs and responsibilities, the sales-purchase contract can be the optimal option.
In any case, we recommend that the parties inform themselves as best as possible about the implications of each type of contract and, if necessary, seek the assistance of professionals to guide them in making the most appropriate decision.
7.2. Necessary checks before signing a contract
Regardless of the type of car contract chosen, there are a number of checks that the parties must make before signing the contract to ensure that it accurately reflects their will and interests and that all legal conditions are met.
Among these checks, we mention:
- Identity and capacity verification of the contracting parties;
- Checking ownership documents and vehicle history (identity card, registration certificate, damage and repair history, etc.);
- Verification of the technical and aesthetic condition of the vehicle through visual inspection and, if necessary, specialized expertise;
- Verification of the compliance of contractual clauses with applicable legal provisions and the agreements of the parties;
- Checking the existence and validity of insurance and other necessary documents for the legal circulation of the vehicle;
- Checking the fulfillment of registration and declaration formalities of the contract, if applicable.
In the event of irregularities or discrepancies during these checks, it is recommended that the parties request clarification and, if necessary, postpone or refuse to sign the contract until the issues are resolved.
7.3. Managing the relationship between the contracting parties
A self-driving car contract, like any other contract, involves a legal relationship between the signing parties, which must be managed with good faith, mutual respect, and a spirit of cooperation throughout the duration of the contract.
To maintain a healthy contractual relationship and prevent any misunderstandings or conflicts, we recommend that the parties:
- To communicate openly and transparently on all matters related to the performance of the contract;
- To fulfill their contractual obligations diligently and on time;
- Inform the other party immediately of any changes or events that may affect the performance of the contract;
- To demonstrate flexibility and a spirit of compromise in the face of unforeseen situations or temporary difficulties;
- Let's use amicable methods to resolve any disputes (negotiation, mediation, etc.) before resorting to court or other contentious procedures.
A good management of the contractual relationship essentially presupposes the observance of the general principles of contract law, such as: the binding force of the contract, good faith, respect for the legitimate rights and interests of the other party, cooperation to achieve the contractual purpose, etc.
7.4. Preventing Issues and Litigation
Despite all precautions and safety measures, it is possible that, sometimes, issues or disputes may arise in relation to the conclusion or performance of a car contract.
To avoid or minimize the risk of such problems, we recommend that the contracting parties:
- To be well informed about their legal and contractual rights and obligations;
- Have the contract drafted in a clear, complete, and unambiguous manner, possibly with the help of a specialist;
- Keep all relevant documents and records for the contract (original acts, correspondence, receipts, invoices, etc.);
- Avoid verbal transactions or agreements that are unclear or speculative;
- Promptly notify the other party of any issues or irregularities encountered during the contract's execution;
- Adoptă o atitudine proactivă și constructivă în rezolvarea pașnică a eventualelor dispute.
In the event that problems or disputes cannot be avoided or resolved amicably, the parties have the following legal avenues available to them: mediation, arbitration, court action, etc.
However, given the costs and risks inherent in litigation, we recommend that parties only use these remedies as a last resort and prioritize the amicable resolution of disputes whenever possible.
In any case, to best protect their rights and interests, the parties must act with caution, diligence, and good faith throughout the contractual relationship and, if necessary, seek the assistance of qualified professionals (lawyers, mediators, experts, etc.).
By following these practical tips and recommendations, the contracting parties can increase their chances of successfully concluding and executing a car contract, in full compliance with the law and with the satisfaction of their legitimate interests.
8. Additional resources and contract templates
To support our readers, in addition to the information and analyses included in this guide, we also provide a range of additional resources that can be useful in preparing, concluding, and executing car rental contracts.
8.1. Links to car contract templates
In the appendices section of this guide, you will find links to editable templates for car contracts (sale-purchase, usufruct, lease), which can be downloaded, customized, and used according to the specific needs of each case.
These templates have an indicative character and can be customized by the parties, respecting the applicable legal provisions and the advice and recommendations in this guide.
8.2. Relevant institutions and authorities
To obtain additional information or to fulfill certain legal formalities regarding car contracts, the parties can address the following institutions and authorities:
- Direcția Regim Permise de Conducere și Înmatriculare a Vehiculelor (DRPCIV) - for issues related to vehicle registration, cancellation or data modification;
- The Public Finance Administration - for issues related to the taxation and declaration of income obtained from the sale, rental or use of vehicles;
- Road Police - for issues related to traffic on public roads, road offenses, accidents, etc.;
- The Trade Register - for aspects related to the registration and functioning of commercial companies carrying out activities of car sales, rental or leasing;
- The National Authority for Consumer Protection (ANPC) - for issues related to consumer rights and obligations in car sales or rental contracts;
- Court proceedings - for resolving disputes and disputes arising from car contracts.
Contact details and other useful information about these institutions can be found on their official websites or at their territorial headquarters.
8.3. Additional Articles and Guides
To delve into specific aspects of car contracts or to stay up to date with the latest news and trends in this field, readers can also access other articles and guides available online or in specialized publications.
Here are some suggestions for additional resources:
- Civil Code and specific legislation (Government Order no. 51/1997 on leasing operations and leasing companies, Government Emergency Order no. 195/2002 on road traffic, methodological norms for the application of the Fiscal Code, etc.);
- Guidelines and informative materials developed by authorities or professional organizations (ANAF guidelines, DRPCIV guidelines, publications of the National Union of Notaries Public of Romania, etc.);
- Articole și analize publicate în reviste juridice sau economice (Revista de Drept Comercial, Curierul Fiscal, Capital etc.);
- Specialized websites and forums in the automotive field (Facebook groups, car forums, specialty blogs, etc.).
Of course, this list is not exhaustive, and the choice of additional resources depends on the needs and preferences of each individual reader.
Regardless of the sources of information chosen, we recommend that readers always verify the accuracy and currency of the information and cross-reference it with the legal provisions in force and the advice of specialists.
9. Conclusions
Having reached the end of this comprehensive guide to car contracts in Romania, we hope that the information and analyses presented have been useful and relevant to our readers and that they have provided a clearer perspective on the legal, fiscal, and practical aspects of these types of contracts.
We started with an overview of the generalities and the legal framework applicable to car contracts, continued with a detailed analysis of each type of contract (sale-purchase, usufruct, lease), offered practical advice and recommendations for successfully concluding and implementing these contracts, and made available models and additional resources for in-depth study of the subject.
The main ideas and conclusions that emerge from this guide are:
- Car contracts (sale-purchase, usufruct, lease) are regulated by the general provisions of the Civil Code and some special normative acts, being subject to specific formalities and conditions;
- The choice of the most suitable type of car contract depends on the needs, preferences and possibilities of the parties, as well as the legal and fiscal advantages and disadvantages of each option.
- To be valid and effective, car contracts must meet the substantive and formal conditions provided by law and fully reflect the will and interests of the parties;
- The contracting parties shall fulfill their obligations in good faith and respect the legitimate rights and interests of the other party in the spirit of cooperation and common purpose.
- To avoid problems and disputes, the parties must pay special attention to the drafting and verification of contractual clauses, keep supporting documents, and prioritize amicable resolution of any disputes.
- The use of contract templates and additional resources provided can be of real help to the parties, provided they are adapted to the specific situation and comply with applicable legal provisions.
Finally, we would like to emphasize that this guide is of a general and indicative nature, and for particular or complex situations, we recommend that readers seek the assistance of qualified professionals (lawyers, notaries, tax consultants, etc.), who can provide personalized advice and appropriate solutions.
We hope that the information and recommendations in this guide will contribute to a better understanding and use of car contracts in Romania and will facilitate the conclusion and implementation of fair, legal and profitable contractual relationships for all parties involved.
Thank you for your interest in this guide, and we wish you success in your contractual projects!