Issues On Decoration Materials In The Tenancy Relationship

Under the tenancy relationship, the issues that who has the decoration materials'property and the balance of interest of the lessee and the lessor are hot and difficult in the administration of justice. In theory, the issues involve accretion system, unjust enrichment system, etc. The provisions of relevant laws and regulations in China can not solve these problems. "Supreme People's Court's judicial interpretation on the hearing of urban housing lease contract disputes and application of the rules makes up the weakness of the rules before. However, there are no clearly defined standards in the annex requirements and effectiveness. There are also a lot of problems in the attribution of ownership and the balance of the parties'interest.First of all ,this paper starts from the judge criterion of attribution of ownership. Then the article analyzes the state of interest between the lessor and the lessee. In the end the paper discusses the way of interest balance according to the different effect of the lease contract.This article is divided into five parts.The first part, through a typical case, leads to the contradiction between the theoretical status and the Supreme People's Court's judicial interpretation. The focuses of the problem are the ownership of decoration materials and the balance of interests between lessee and the lessor. The second part discusses the rules of the ownership attribution of the decoration materials. First of all, the general rules of attribution of ownership will be discussed. Then the paper discusses how the tenancy relationship affects the general rules found. Finally, the paper discusses the specific rules under the tenancy relationship.The third part analyzes the state of interest between the lessee and lessor. First of all, according to the rules of ownership attribution decoration materials will be divided two cases of being annexing or not. Then the paper analyzes the state of interest of the parties according to the different relationship between the decoration materials and the house. In the end relevant provisions of the Supreme Court judicial interpretations will be discussed.The fourth part discusses how to adjust the imbalance of interest between the lessee and the lessor. The paper will discuss that when there is a contract between them (contract expiration and contract termination) and there is no contract basis (contract avoidance and the contract being revoked) .First of all, the paper discusses the lessee and the lessor's balance of interests under the contract expiration and the contract termination. Because the lease contract is a continued contract, it only has the backward effect .So, the author puts the two cases together. By the comparison and analysis of legislation of Germany ,Japan and Taiwan , the author can see it is better to solve this problem by the right of asking the cost benefit and the right of retrieving. Then, the paper discusses the balance of interests between the lessor and the lessee under the case of contract avoidance and be revoked. When the contract is invalid, it does not exist from the beginning. The right of asking the cost benefit and the right of retrieving are not applicable, so this case should apply the right of asking the cost in the occupy system and tort claim for damages.The fifth part makes a conclusion. Generally, the ownership of decoration materials can be indentified by the rules of movable and immovable property annexation. But if there is an agreement between the lessee and the lessor, the agreement will be applicable. Under the case of the contract expiration and the contract termination the right of asking the cost benefit and the right of retrieving will be applied in the balance of interest. Under the case of the contract void and contract revoked, the right of asking the cost in the occupy system and tort claim for damages will be applicable to adjust the unbalance of interest between the lessor and the lessee.