Probe Into Legal Issues On Sublease System

As a special type of rents, subleases are universal under current market economy condition. In order to meet their needs and interests, the lessor always makes agreement with the lessee on sublease matters, to allow, or against. However, there are many cases that the lessee subleases something without the lessor's authorization for self-interest. The provisions for sublease in civil laws and regulations of China are simple, which lead to lots of disputes in practice and academic. On the basis of analyses of different legislative patterns, this thesis probes into the legal issues and the legislative status quo of sublease system, submits tentative suggestions to improve current laws.Besides lead-in and conclusion, this thesis falls into three parts. Part one analyzes the basic theories and legislative patterns of sublease. Firstly, this part defines the conception and characteristics of sublease, distinguishing from leasehold transfer and lease transfer. Then, it introduces three legislative patterns of sublease and representative legislations of major countries and regions. Lastly, by analyzing different legislative patterns, the distinguishable legislative pattern can be applied widely which compromises principle with flexibility. Part two analyzes the effectiveness of sublease. As the broadest range of unauthorized sublease in restrict legislative pattern which is adopted by China, this part researches on the effectiveness of authorized sublease and unauthorized sublease under restrict legislative pattern. Based on that, it probes into the legal issues of sublease, such as the house lessee's purchase priority in authorized sublease, unauthorized sublease is not disposal without right but is tort to lessor, the rental of unauthorized sublease is illegitimate.Part three analyzes the status quo and improvement of sublease system in China. Firstly, this part analyzes the current legislations, including"Contract Law"and other two regulations, then points out the weakness in them. Finally, this part proposes some suggestions to perfect the sublease system of China.