Everything you need to know + model

Did you know that starting from 2025, the car comfort contract will be the only legal way in which you can borrow a free car in Romania?

This document, regulated by article 2146 of the new civil code, offers a clear legal framework for the car loan and avoids misunderstandings. In addition, the car convenience contract can be used both on public roads in Romania and abroad, thus representing an advantageous solution for those who cannot buy a car.

With costs between 150-200 VAT Lei + for notary authentication, this contract represents a minimum investment for maximum legal security. In this article, we will explain everything you need to know about the contract for the car, from the legal aspects to the phases of writing and registration.

What is the convenient car contract and when it is used

A comfort of the car is a legal understanding that allows the free use of a vehicle. Unlike other types of agreements, this document has specific characteristics that make it useful in many situations.

The legal definition according to the civil code

According to article 2.146 of the new civil code (law 287/2009), the car comfort contract is defined as the «loan of use» – a contract for free from which a person called comfortant (in this case a vehicle) to the other party, called comfort, to use this asset, with the obligation to return to a certain moment.

To be legally valid, the comfort of the car must satisfy three essential characteristics:

• BE REAL – concluded by the agreement of the will of the parties
• Sii free: the beneficiary does not pay for the use of the car
• Sii unilateral: the beneficiary has the obligation to return the vehicle to the fixed date

When a car comfort contract is useful

The car comfort contract becomes necessary in the following situations:

• When you borrow the car of a relative or friend for free for a fixed period
• When you want to borrow a car from someone else
• For the use of the car on all public roads in the country and abroad
• As advantageous solution when the purchase of a car is not possible, nor bank loans are a convenient option
• To deduce travel costs for commercial purposes using a personal car within a company

In addition, through this type of contract, you can use the company paper to pay the costs involved in the use of the car, these are deductible from taxes.

The difference compared to the rental or supply

Comfortable against the rent: the essential difference is that comfort is granted free of charge, while the rent (position) is done compared to a price called rent. If a sum of money is charged for the use of the asset, there is no contract to be convenient, but it turns into a rental contract.

Comfortable vs. Power of Attorney:

• The power of the car car allows the owner’s representation in the relationship with the authorities
• The convenience contract refers strictly to the car loan for use
• Starting from the entry into force of the new civil code, the use of a car can no longer be awarded by the notary prosecutor, but only with a convenience contract

In the convenience contract, the convenient supports the expenses made for the use of the asset and the Comedant can request good in case of urgent and unexpected needs.

Acts necessary for the conclusion of the contract

To formalize a car contract, it is essential to prepare correct documents. Although the procedure is not complicated, the lack of an act can delay or even invalidate the process.

Documents for people

When two natural people conclude a car comfort contract, the necessary documents are:

• Identity documents of both sides (comfortable and comfortable)
• Machine documents: registration certificate (heel) and vehicle identity card (CIV)
• Tax certificate issued by the management of local taxes and taxes (ditl)

An important aspect to remember is that, among natural people, the convenience contract does not require compulsory notary authentication. It can be concluded by a document under private signature, without the presence of the notary or the lawyer. However, notary authentication offers greater legal security and is recommended to avoid problems.

Since this type of contract implies the free use of the vehicle, there is no obligation to pay taxes or taxes, so the document should not be declared in Anaf.

Additional documents for the legal entities

When one of the parties is a legal person, in addition to the documents mentioned,:

• The constitutive act of the company
• Decision of the General Shareholders’ Meeting (Aga) from which the agreement of the Associates regarding the receipt of the car for use
• Certificate of tax registration of the company

If the comfort is married and the car was purchased during the wedding, the presence of both spouses is required when signing the contract, because the vehicle is part of the common goods.

What happens if the car is in leasing

For vehicles owned by the leasing contract, the situation is slightly different. In this case, the Comedant is not the legitimate owner of the car, but only the user, the owner is the leasing company.

Therefore, before the conclusion of the convenience contract, it is mandatory to obtain the written agreement of the leasing company. This agreement must be in the form of an address issued by the leasing company, through which it expresses its consent for the granting of the right of use to the convenient.

Without this agreement, the contract for a car for a leasing car is not legally valid.

How to correctly draw up a car comfort contract

The correct editorial staff of a self -convenience contract is not complicated if you know exactly which elements should be included. A well -prepared document protects you from any misunderstanding and offers legal safety to both sides.

The data of the parties involved

First of all, the identification data of both contracting parties must be clearly specified:

• For Comedent (car owner): full name, CNP, home address, series and identity document
• For comfort (the car beneficiary): the same information as the convenience

In the case of legal persons, tax identification, the registered office and the legal representative will be added.

The complete description of the car

The description of the vehicle must be detailed to avoid any confusion. Include:

• Brand and model
• Registration number
• Series of frames and series of engines
• The year of production
• color
• Cylindrical ability
• Other specific characteristics

Duration and conditions of use

The contract can be concluded for a fixed period (mention the exact start and end date) or indefinite. In addition, specify whether the convenient has the right to use the vehicle abroad without the prior consent of the convenience.

The obligations and rights of each party

Comedent’s obligations:

• Deliver the car in good working condition
• Not to alienate the vehicle during the contract period
• To pay compensation for hidden defects

Comfort obligations:

• To use and keep the car «as a good owner»
• Do not allow third party use without the convenient consent
• To bear the costs of current use and maintenance
• To return the vehicle to the fixed deadline

Recommended clauses for legal security

For further protection, you can include:

• Vehicle return method (with full, clean, etc.)
• Those who support fuel, insurance, reviews and repairs costs
• Situations in which the contract can be terminated before the deadline
• Procedure in the event of an accident
• Penalty for non -compliance with clauses

The date and signatures of both parties are mandatory for the validity of the contract.

Registration and termination of the contract

Many vehicle owners are wondering what formalities are necessary to complete a car contract. Although the procedure is quite simple, there are some important aspects that you need to consider.

Is the notary mandatory?

The automotive comfort contract does not require noarial authentication. The parties involved can conclude this document through a document under private signature, without the presence of a lawyer or a notary. Therefore, the contract is valid even without this formality. Furthermore, there is no obligation to register with Anaf, because we are talking about a contract with a free title, without direct tax implications.

However, even if the law does not require authentication, many specialists recommend this procedure for additional legal security it offers.

The advantages of notary registration

The notary authentication of a car comfort offers multiple advantages:

• Executive title – According to art. 2157 of the new civil code, the authenticated contract or the registration under private signature with a certain date constitutes an executive title in the event of termination by the death of the convenience
• International recognition – The translated and apostly document is recognized in all the countries signatory of the Hague Convention
• Higher evidentiary force – In the event of a dispute, the task of the evidence lies by the one who challenges the act
• The possibility of obtaining a duplicate in case of loss

When and how the comfortable car contract ceases

A convenience contract can cease in different situations:

• At the time of fulfilling the agreed term, the asset must be returned to the same state
• With the expected reimbursement: the convenient can return the car before the deadline, if not provided otherwise in the contract
• At the request of the Comhader – in case of urgent and unexpected need for the use of the vehicle
• From the death of the goods – the contract has the intuitu character.
• For termination – when the convenient violates the contractual obligations
• From the agreement of the parties – at any time, for mutual agreement

For formal resolution, it is advisable to process an additional act that specifies the reasons for the resolution, the effective date and obligations of the parties after the resolution. Therefore, this document must include information on the condition of the vehicle upon return and be signed on both sides.

Conclusion

The car comfort contract is undoubtedly the safest way to borrow a vehicle for free in Romania. This legal document provides protection with both parties involved and eliminates potential misunderstandings that may occur.

Although notary authentication is not mandatory, it brings important benefits such as international recognition and higher evidentiary force in the case of a dispute. The low costs, between 150-200 VAT Le +, make this option a wise choice for long-term legal security.

In addition, the correct editorial staff of the contract, with all the essential elements and the necessary protective clauses, guarantees problems without problems for both parties. Therefore, whether you are at ease or at ease, this contract offers you the perfect legal framework for the loan of a motor vehicle, protecting your rights and clearly establishing the obligations of each part involved.