Research On The Legal Problems Of House Leasing

The house leasing means the owner gives it's leasehold to renter and renter pay the rental toward the ower.In recent years, with the fast development of Chinese economy, the fast speed of town-turns construction and the increasing of fluid population ,the house leasing will certanly become a kind of important choice to releasing the market pressure and social pressure.However, the house leasing under the gradual circumstance, but the law can not up with it . The property of house leasing and the priority to purchase the room and the busiess no broken leasing and sublet is the 4 parts in this article which release the real meaning of the house leasing .In this article ,author quotes some standpoints then express his ower thinking in same parts.This article divides into five chapters, the first chapter includes the value of the house leasing ,the definition of the house leasing and the classification of the house leasing.Second chapter mainly elaborated and discuss the definition of the house leasing and analyzes three viewpoints: creditor's rights thorey, real rights thorey,and a thorey between them.The author supports the creditor's rights thorey which is conservative viewpoint, the reason is: Although the house leasing has the partial representation characteristic of real right, but is not the real right, it essence for creditor's rights.Third chapter main elaboration business not broken leasing system, it forces the new ower make the essential benefit sacrifice for maintains the tenant's rights which is weaker.The article has analyzed the legal value, the basic connotation, the suitable condition, the legal effect and the system consummation.Fourth chapter elaborated the tenant first purchases system. It is refers to the tenant has the rights according to the laws when the ower sell houses to the third person who can buy horses as the same level condition.Fifth chapter elaborated a kind of important contradiction in the house leasing-- sublet.This chapter including the concept of sublet, the constitution of sublet, the difference between horse sublet and the change of horse leasing ,and so on several aspects.