The effects of lease agreement termination

The High Court of Cassation and Justice decided that since the lease contracts fall into the category of successive performance, the effect of termination occur only for the future, ex nunc. Therefore, where it was found that the benefits payable by a lessee for the use of property to the date of termination and leased space issue have been paid, the landlord can no longer claim the said charges after termination and vacancy of the leased space and the consideration of the use of property cannot be ensured by the lessor any more. In this regard, the High Court held that the appellant can no longer rely on the request to convert the rent requested by counterclaim for damages, since it would change, on appeal, the object and cause of the counterclaim. (Decision no. 2752 of 26 September 2014 rendered in the appeal of Section II of the Civil High Court of Cassation and Justice covering lease termination)

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Dan Alexandru NEGRU

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