Concerning Rental Housing Decoration Dispute Processing

Decoration dispute processing involves property and claims that two legal field, concrete involves appended system, undeserved benefit to solve such civil law theory, the applicable law, the supreme people's court on July 30, 2009 issued by the supreme people's court on the trial of urban house lease contract disputes on the concrete application of law in the interpretations of the situation, the difference of their respective applicable principle. This article, from the four parts to analyze these disputes, including the treatment, and the related legal laws and regulations, case analysis and legislative Suggestions.In principle, we often distinguish different situation, thus the appended, tort compensation and undeserved benefit to deal with such disputes principle. If the lessee without the lessor's consent, without authorization, constitute infringement for decoration, assume tort liability, The lessee agrees to one is decorated, not form and attach the ZhuangXiuWu decoration attached to different rules apply respectively. Yet form and adornment, the lessee ZhuangXiuWu as owner enjoys disposition, Has formed and adornment ZhuangXiuWu distinguish contract shall be invalid, the contract expires, the contract is lifted, suitable for different processing rules, If the lessor to the lessee is decorated, how to compensate compensate to distinguish different situation. The contract is invalid, the lessor agrees that use of decoration, based on compensate lessee undeserved benefit, Don't agree to use of the present value of the loss, decoration, as invalid contract by both parties undertake according to the fault, The termination of the contract, caused by the breach of the termination of the contract for decoration residual loss. In both cases, no fault in accordance with the principles of fairness Shared by both decorated residual loss, Note that the termination of the contract, if the lessor, the lessee decoration use still need to the lessee shall be based on undeserved benefit compensation, During the contract term, lessor has ZhuangXiuWu adornment, without compensation.Combining domestic and foreign relevant laws and regulations and judicial practice, the German civil code "and" Japan civil code in this dispute processing main USES undeserved benefit principle, namely the lease contract terminates or ends, if ZhuangXiuWu adornment with building itself, according to add form echo ZhuangXiuWu decoration attached principle, and the lessee to lessor ownership of houses decorated reasonably according to the input can claim to the lessor undeserved benefit principle, If ZhuangXiuWu adornment with building itself not form the ZhuangXiuWu adornment, echoing still belongs to the lessee, the lessee may dismantle the adornment ZhuangXiuWu, therefore, the lessor shall compensate for the losses.From the common case, namely ZhuangXiuWu decoration with the type of leasing and ZhuangXiuWu adornment echo not consented to lease and subject to consent by the lessor, without the lessor's consent and decoration, and when the lease contract shall be invalid, cancellation and removed etc, obviously this judicial interpretation is worthy of the relevant provisions and further revision.Finally, Suggestions for undeserved benefit between the case and the compensation principle, namely distinguish goodwill attached to add, add echo malicious attached to add in white under the condition of the applicable undeserved benefit principle, remove or stop in leasing contract in accordance with the principle of attached after ZhuangXiuWu adornment added, and the lessee may lessor belonging to the lessor undeserved benefit principle claims its reasonable decoration input, The malicious attached situation is more applicable damages because of this principle, without the permission of the lessee without the lessor's consent for decoration, already constitute infringement, the lessor shall room appropriate compensation for losses. In addition, to distinguish the different lease contract effectiveness, namely contract shall be invalid, and when the contract is revoked and remove contract, after completion of the different decoration dispute handling. In the contract is invalid and revoked, the effectiveness of the contract, the parties are defective in accordance with the fault is at fault size can determine whether liability for loss, responsibility, The contract termination of this contract, if there is effective and can also claims losses, damages. Thus, the distinction, kindness and malicious add the different situations, the effectiveness of the contract to apply undeserved benefit and damages the different circumstances, more facilitate judicial practice, and safeguarding the use of both the lessor and the lessee's legal rights.