Font Size: a A A

Probe Into Several Legal Issues On House Sublet

Posted on:2006-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:M L MaFull Text:PDF
GTID:2166360155963109Subject:Law
Abstract/Summary:PDF Full Text Request
House sublet has become more and more universal with house sublet market developing and flowing population aggravating in recent years .It is apt to lead to disputes because our present law about sublet's provisions is too simple which can't solve various disputes in practice. As a result, it obstructs deal's safety and convenience. Given that, it is necessary for us to have a research focused on relevant legal issues on house sublet.The study consists of five chapters: The first chapter is to summarize the system of house sublet. For this chapter, emphasis is placed on the character and the legislative pattern of sublet. Firstly,it distinguishes between the sublet of leasehold and transfer of right of lease. Secondly, the study has a research on different legislative pattern of sublet by comparison and analysis, then it gives some good suggestions to establish a reasonable legislative pattern .All of this will make a solid foundation for the study .The second chapter is to analyze the legal effect of house sublet .The studyanalyzes this chapter with two trains of thoughts------approved sublet andunapproved sublet .Firstly, it focuses our focal point on the element of approved sublet, especially it makes an overall analysis on the "leaser's approval"; Secondly, the study deals with the important point, namely, analyses the legal effect of unapproved lease, defines its content, object, way , time .For this topic ,at first, it undertakes a careful research on the character of unapproved sublet ,then definesthe character of house sublet contract which is a hot issue in the academic circle .In author's opinion ,under the situation of unapproved sublet ,it is a pending contract .Another problem is that whether unapproved sublet can be regarded as tort ,and what is the character of profits of unapproved sublet?The third chapter is to produce the interests of under-tenant. Given that, the author presents right of subrogation discharge and right of dissent to limit the exercise of right of cancellation .The forth chapter analyzes the application of the principle of "sales can not devastating lease". Obviously its principle can be applied in the general lease contract .The question is that whether it can be applied or not in the sublet contract when under-tenant possesses the ownership of the house .In author's opinion, this principle can not be used in such a kind of situation.The fifth chapter is to study the preemptive right in the housesublet. Firstly, it defines the character of it; Secondly it balances the rights among leaser, undertenant and part-owner, and then studies its sequences .Thirdly, it analyzes the conditions of the exercise of under-tenant's preemptive right on the basis of the forma elaboration, then it makes a study of redress when it is infringed on .Lastly ,the study gives some reasonable legislative suggestions about under-tenant preemptive right.
Keywords/Search Tags:house sublet, approved sublet, unapproved sublet, sales can not devastating lease, preemptive right
PDF Full Text Request
Related items