On The Effectiveness Of Residential Rental Rights Against Others

Since the industrial revolution, global wave of urbanization is ascendant, Industrialization-Urbanization-population explosion-the Housing Shortage , has become the common problems faced by the development of various countries. The shortage of residential consequentially increases the price of residence. The increasing price deprive a number of people's ability of house purchasing. In modern society, residential lease becomes more and more people's realistic choice. Compared to the lessor, residential tenant is in a weak position, Civil legislation of each country consider of the underprivileged status of the lessee, generally gives a special regulation to residential lease, especially given the lessee the right to against the third party. But at the same time led to controversy on the nature of the residential tenancy right. In this paper, such as the breakthrough point of the controversy, combination of theory and legislative experience at home and abroad, Attempt to do more comprehensive understanding about the effectiveness of the lease right to others.This article is divided into four parts, about 30,000 words.The first part is "overview of housing rental and right of leasing residential "This part make a simple summary on housing lease and its nature. Author points out that in this article, the right of residential lease and its confrontation effectiveness is specified in terms of the residential housing, urban housing and private rental housing. The dispute of nature of residential lease right Included claims theory, property rights theory and theory of property rights claims, this paper agrees the third point of view.The second part is "overview of confrontation effectiveness of residential lease". It included the concept of confrontation effectiveness of residential, the reason that entitled residential rental property, and the conditions that makes the residential rental property effective. Residential rental property is the credit claim, based on and merely on the existence of contract. So lease on condition require the validity of the lease contract. Additionally , the residential rental right must also provide a certain degree of publicity, the publicity of housing rental right are advocated in different ways, this paper adopts the residential rental registration and confrontation.Part three is "rules on confrontation effectiveness of residential rental right". This part has explored the legal form of against the effectiveness of residential rental right. The doctrine that lease against changes of ownership has experienced a developing process, that is, from trade against lease to lease against changes of ownership. Lease against changes of ownership in its nature is the changes of leasor. Property he does not realize the scope of the lease-breaking should be hampered by the lessee whether or not the possession of the leasehold to use the proceeds to another. they are two questions in preferential purchasing right of leasee. One is establish or abolish. Another is the confliction between preferential purchasing right and other rights. When confliction appears, it can not be considered generalized, we must consider whether the seller has the right and whether or not the residential lease have registered.Part four is "my country's lack of relevant legislation and improvement", it is the starting point as well as the end-result of this article. This part is the focus display of deficiencies and provide some corresponding legislative proposals. This section discussed the deficiencies and improvement of following issues: who is the real lessor, the establishment of residential tenancy system registry, effectiveness of Residential rental right against others, and lessee's request for protection of right of excluding jeopardize so on.