Prelungire Tacita Contract Prestari Servicii Noul Cod Civil

The new civil code in Romania has introduced several changes and updates to various legal matters, including the implicit extension of service contracts. The so-called “prelungire tacita contract prestari servicii” is a provision that impacts both service providers and their clients, and it`s important to understand its implications and how it could affect your business.

The term “prelungire tacita” refers to the automatic extension of a contract beyond its initial term, without the need for an explicit agreement or consent from both parties. In the context of service contracts, it means that if a client continues to use the services of a provider beyond the agreed-upon period, the contract is deemed to be implicitly extended for the same duration and under the same terms and conditions.

This provision is significant because it shifts the burden of terminating a contract from the client to the provider. In other words, if a client wants to terminate a service contract after its initial term, they now have to notify the provider in writing, at least 15 days before the expiration date. Otherwise, the contract will be automatically renewed, and the client will be bound to pay for the services for another period.

On the other hand, if a provider wants to terminate a contract, they have to notify the client in writing, at least 60 days before the expiration date. Moreover, they need to provide a valid reason for termination, such as a breach of contract or a change in the provider`s business circumstances.

It`s worth noting that the implicit extension of service contracts applies only to contracts with a duration of up to 3 years. If a contract has a longer term, the parties need to negotiate and agree on the terms of renewal explicitly.

So, how does this provision affect service providers and clients, and what should they do to comply with it?

For providers, the implicit extension of contracts means that they need to keep track of the expiration dates of their service contracts and inform clients about the upcoming renewals. They also need to review their contracts` terms and conditions to ensure they are still valid and appropriate, and amend them if necessary. Moreover, they should have a system in place to handle clients` termination requests promptly and professionally.

For clients, the provision means that they have less flexibility and control over the service they are receiving. They need to be aware of the expiration dates of their contracts and notify providers of their intention to terminate them if they don`t want to renew the services. They should also review their contracts` terms and conditions to ensure they are getting the level of service they need and negotiate changes if necessary.

In conclusion, the implicit extension of service contracts under the new civil code is a significant change that impacts both providers and clients. It`s essential to understand the provision`s implications and take the necessary steps to comply with it. As a service provider, you need to be proactive in managing your contracts, while as a client, you need to monitor your contracts` terms and conditions and exercise your termination rights if needed. By doing so, you can ensure a smooth and transparent relationship between both parties.