On House Lease Contract In Roman Law And Its Modern Development

As an old and common contract,the house lease contract,from the perspective of the design of the private law rules and the construction of the civil law system,has experienced the origin of Roman Law,the acceptance of the Middle Ages,and the transformation and development of modern civil law with the revival of the Roman Law in three stages.However,it has undergone significant changes in the design of values and specific rules in different historical stages.In addition to the introduction and conclusion,this article is divided into five chapters.The first chapter is the generation of the house lease contract in Roman law.With regard to the basic issues of the lease contract in the Roman law,this paper proposes the "temporary sale theory" of the origin of the lease contract,on the basis of analyzing the five doctrines of the origin of the lease contract,and the difference between the lease activity and the lease contract.On the basis of the "consensus" of the lease contract's external system and the consistency of its internal system,this paper proposes that the structure of the lease contract of the Roman law is an integrated structure.On the basis of analyzing the correlation between the lease contract and the sale contract and the game between the lessor and the lessee,this paper proposes that the lease contract is essentially characterized by credit characteristics and subject inequality.The urbanization movement and architectural breakthroughs of the late Roman Republic and the early empire provided the market subject and expanded the development space for the formation and development of the ancient Roman housing rental market.Based on the factual housing lease activity and the contractual lease contract,this paper proposes the system positioning and functional analysis of the house lease contract in Roman law is a precondition for the formation of the lease contract rules.The second chapter is the formation of the Roman law house lease contract rules and the contribution of Roman jurists.In discussing the contributions of Roman jurists such as Alfenus,Labeo,Gaius,Ulpianus,and Paulus to the formation of the house lease contract rules,it is proposed that,the interests of the lessee are also taken into account in the specific rules,although the rules of the house lease contract designed by Roman law is the concept of the lessor's superiority.According to the modern civil law system to reconstruct the specific content of the house lease contract rules in the Roman law,it is found that the core contents of the house lease contract have not changed fundamentally since the Roman law.The ancient Romans guided the legislative intervention and administrative management,and gave the lessor the"actio locati" and the lessee the "actio conducti" to dynamically adjust the housing rental market,which further demonstrates the confrontation features between the lessor and the lessee.The third chapter is the acceptance and development of the house lease contract in Roman law.Through the legislation and doctrine of the medieval housing lease contract,it is found that the rules of the house lease contract in the Middle Ages have the acceptance of rules,lack development and innovation of rules.By discussing the legislative changes and the content of the specific rules of the house lease contracts in modern French,German and Japanese,it is further confirmed that the common rules of the house lease contract have been formed during the Roman law period and have been accepted by later generations of legislation.At the same time,based on the influence of "Enlightenment" and the needs of the times,the house lease contracts in the modern law present the national characteristics of "acceptance and development".The fourth chapter is the essential interpretation of house lease contract:the application of Power Property Theory.The Power Property Theory is based on the distinction between the use property and power property.On this basis,this paper further demonstrates the meaning of paradigm shift and function change from the three levels of ontological meaning,normative meaning and legal meaning of specific field.The value orientation of the Power Property Theory is "the balance between freedom and security",and its contents are divided into the exercise's theory of power property exercise and the restriction's theory of power property.The application of Power Property Theory in the field of house lease contract,as well as the analyses of the restrictions on rent Acts in Poland and the judgment of the European Court of Human Rights,it verifies that the vitality of this theory lies in the balance between incentive costs and regulatory costs.The fifth chapter is the evolution and reconstruction of the rules of house lease contract in Chinese law.Through the comparative analysis of the rules of China's Han Dynasty and Roman law house lease contract in the same period,it is concluded that the two nationalities have the common characteristics of value concept and specific rule contents as well as the nationality and difference characteristics of legislative technology,legislative language and some rules in dealing with housing leasing activities.Then,in the process of forming and establishing of the house lease contract in the modern Chinese law,we will look back and forth in "history,reality and demand" and use the wisdom of Roman law,comparative law experience and power property theory to reconstruct the rules of house lease contract in Chinese law,in order to facilitate the proper settlement of house lease contract disputes and the healthy development of the housing rental market.