An Analysis On The Laws For Kauf Bricht Nicht Miete

Kauf bricht nicht Miete is one law system which the capitalism lawmaker set up to encourage the lessee in weak position and accelerate the development of market economy. The creation of Kauf bricht nicht Miete protects the lessee effetely. In this way, after the lessor shifts the property of leasehold, the lessee can allege his right continuously. The regulation of this system breaks the relativity principle in contract law and there are certain important components during the exertion process. This thesis mainly discusses the Kauf bricht nicht Miete from the whole points of view and tries to combine the theory and practice, increase its use value and direct the practical work. Except the introduction and postscript, this thesis contains five parts.In the first part, it introduces a typical case of Kauf bricht nicht Miete and then analyses the reason of the recover by the second judge court from the case analysis and final opinion. The basal reason of that recover is that the lessee did not care about the leasehold for a long time. On the other way round, the new owner changed the name of owner in a register after buying the asset and moved into this house. Therefore, we should protect the new owner's legal rights and interests avoiding the unfair caused by ignorance. So, the court judged the lessee did not be provided with the necessary condition of Kauf bricht nicht Miete and should not rent the house based on Kauf bricht nicht Miete. Accordingly, it leads the core problem of this thesis—the law issue of Kauf bricht nicht Miete.The second part is the jurisprudence base of Kauf bricht nicht Miete and it discusses this point around the start and function of Kauf bricht nicht Miete. Firstly, it introduces that in 1896, Kauf bricht nicht Miete was set up in Germany and it continues to use until now. Then, other countries followed the lead of Germany and added this principle in their own civil law. In the Article 229, Contract Law of the Peoples Republic of China, Kauf bricht nicht Miete is also set up. In the next place, this thesis states that the law is not been fabricated random but rule summation for society need and economy development. The lawmaker created Kauf bricht nicht Miete principle in order to make the business steady and protect the people in low economy state. Based on the principle of Kauf bricht nicht Miete and combined the background of economy and society, the author analyses this problem. Moreover, this thesis demonstrates the social function of Kauf bricht nicht Miete by the procreant reason of Kauf bricht nicht Miete and the evolvement of this principle. It makes the conclusion that this principle can protect the people in low state, facilitate the safety of business and stabilize the social order.The third part discuses the necessary elements of Kauf bricht nicht Miete and this is also the key in the thesis. Kauf bricht nicht Miete principle emphasize on protecting the profits of lessee which may be damaged by after rented the house, the lessor sell the house or by other methods to transfer the ownership, so the new owner may advocate that there has not a relationship of lease contract between the lessee. Whereas the accordance for lessee to exercise the right of Kauf bricht nicht Miete should be in a certain conditions, to protect the lessee abuses the principle of Kauf bricht nicht Miete and lead damage for the rights of new owner. After the new owner inquires about the ownership, the lessee can use the deraignment based on the Kauf bricht nicht Miete. After the analysis on the condition of Kauf bricht nicht Miete, it makes the conclusion that the Kauf bricht nicht Miete should have four necessary parts: (1) the leasehold is legal and valid, i.e. it is legal and valid when the third party and lessor get agreements on transferring the ownership for the lodging things or decided singly by the lessor and currently learned when accepting the lodging things offered by the lessor and when offering the lodging things in the existing renting relationship between the lessor and lessee. The legal and validity leasehold requests the lessor and lessee sign the contract, and the use of lodging things possess the valid condition regulated by the laws. (2) The lessee occupies the lodging things continually in form during the period of renting, i.e. after the lessee got the lodging things, and only to continuous occupy the lodging things, it can exercise the right of counterplea in the principle of Kauf bricht nicht Miete. Otherwise, the lessee the public instruction of lease will lose its meaning for the realization and usage for the gained lodging things by the lessee, while the third party cannot know the situation of the settled right of renting for lodging things neither basing on rational inquisition. (3) The lesser gives its ownership to the third party. The lessor should register the information in order to make the alienation go into effect; to movable assets, lessor only need give the lese to the lessee. (4) The leasehold contract should be showed public. The leasehold contract should be showed public in order to go into effect. This thesis compares the two forms of counter register and register going into effect. According to our country's situation, the counter register can be suitable.The forth part is about the applied range of Kauf bricht nicht Miete. In the author's opinion, forms of ownership can be deal, trade, partnership, investment, canceling out the debt. But, whether it is suitable for some special law relationship, this thesis makes a systematic classification towards some complex problem and analyzes five conditions such as implementing Kauf bricht nicht Miete, mortagage Kauf bricht nicht Miete, benefit Kauf bricht nicht Miete, financing Kauf bricht nicht Miete and debit and credit Kauf bricht nicht Miete. During the discussion, the author combines the characteristic of each law system and expatiates on the relationship between Kauf bricht nicht Miete and these law systems.In the fifth part, the author brings forward some suggestion on low-making combined with the current state of Kauf bricht nicht Miete. This suggestion concludes expanding the applied range of Kauf bricht nicht Miete, regulates the lessor and owner should register the related obligation and estate leasehold. It should define the applied range strictly in case it disarranges the trade order and hurts the stabilization of the market economy. By running the lessor and new owner's related duty to lessee, it can stop lessor abusing his right, doing harm to the lessee and maintenance the economy's credit. By distinguishing estate and moveable assets and using register system, it can maintain the market safety and efficiency.