The Research On The Apartment Lodgings' Contract

The apartment lodgings way popularized gradually in the reality as one emerging lodgings. Our country had not taken the apartment lodgings'contract as one kind of typical contract in Law of contract in 1999, and the related system then is at the flaw condition.Looking from the scientific theory or principle, the apartment lodgings'contract is one kind of lodgings'contract that take the apartment as the housing object, namely in a form that the staying pays expense, the operator provides the apartment to provide the lodgings service for the staying use. The kind of contract mainly includes the student apartment lodgings'contract and the old age apartment lodgings'contract. The apartment lodgings'contract has it the general characteristics of contract, therefore the general rule of the law of contract can adjust it, the general rule of the contract's working out, establishment, becoming effective, cancellation, fulfill and so on are similarly suitable for the apartment lodgings'contract. But the apartment lodgings'contract is different from other lodgings'contracts, for example, the apartment lodgings'contract has the characteristics of subordinating nature, serving nature, the status nature, the long-term nature and so on. Therefore it is necessary to cause apartment lodgings'contract to be famous and the standardized in the legislation in our country, and it is necessary to carry on the special rules and regulations on the apartment lodgings'contract form, the right and duty, fulfill and so on. Considering the apartment lodgings'contract'characteristics of long-term, the right duty complexity, the influence significance to the litigant'benefit, the apartment lodgings'contract should use the written form, at the same time the country should carry on the essential intervention and the instruction to the apartment lodging'contract to protect the litigant's just rights. Apartment lodgings'contract as a kind of nameless contract that have different system design in concluding Conclusion of contract , rights and obligations among the contracting parties, contract fulfill and law perform in different respects of contract. By studying the apartment lodgings'contract on appropriate research, it will make many kinds of subject in apartment lodgings market get relevant legal structure further expectation and demand. And there will be a significant meaning to improve market order, set up structure of market which ruled by law. At the same time, in view of the fact that overseas and Hong Kong, Taiwan area also do not have...