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Study On The Legal System Of Land Lease

Posted on:2006-07-16Degree:MasterType:Thesis
Country:ChinaCandidate:L F ChenFull Text:PDF
GTID:2166360155462148Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As an important legal form of the land paid utilizations, land lease resolves the contradiction of land supply and demand effectively. In a system that the land owned by state and collectivity, land lease is of great immediate significance for the rational distribution of land resources in China.Land lease is the legal act that the land owner deals its right to use land with the land user. It is the dealings of the right to use land in the primary market of land supplies, and its object is right to use land but not land itself. The object's range of land lease should be mainly state-run stock construction land to use and collective construction land to use in China. Right of land leasehold, although there are some legal effects of real right, is still creditor's right in essence. There are some deficiencies in the land lease contract in our country. Regulation about the content of the lease contract of state-run land is highly principled, so the rights and obligations should be clear by perfecting the legislation. There is no legislation about the lease contract of collective construction land, so the task of top priority is to make relevant laws or regulations on the base of system innovation. The subjects are not definite, and the leasor should be the peasant collective organization which enjoys land ownership while the leasee should not be limited. The transfer of land leasehold is the transfer of land lease among different land users. It includes three forms, and sublease is the most common type. The legal effects are difference between the sublease agreed by the leasor and the one disagreed by the leasor. Legislation about legal effects of sublease should be perfected. The sublease without leaser's agreement is an illegal act in essence, so, the rational view that the leasor can rescind the lease contract under this circumstance in the judicial practice in other countries should be adopted.
Keywords/Search Tags:Land lease, Nature of land leasehold, Rights and obligations, Transfer of land leasehold
PDF Full Text Request
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