A Study On Disposal Of Property Without Grounds In Lease Contracts

The case in this essay can be summed up as follow:A for getting out of his debt will transfer his real estate to B,with the agreement that he shall not transfer,lease and auction before the transference.After that A rented the real estate to CD,who finally achieved ownership,asked for confirmation of the ineffectiveness of the lease contract.The court supported his request.The key to this case lies whether the lease contract is effective or not. Some of the litigants consider it to be effective,while some considered invalid.This case does not belong to the lease agreement null and void the contract may be withdrawn can be determined to change the contract,as well as the effectiveness of restrictions on the contract capacity for civil conduct,made by people with their age and mental and spiritual health status of the contracts and the right to meet the contract agent.So the key is to analyze whether they are not entitled to dispose of the contract.Like any other contract,the right to dispose of a contract designed to produce the legal effects of legal claims and liabilities are changes in the relationship(usually a creditor's rights and liabilities of the establishment of legal relations),that is produced only in the parties bound by debt and does not happen the right to direct the results have been disciplined. Therefore have no right to dispose of the contract itself does not involve third parties to the contract other than the interests of people.So in some legislation is not the right to dispose of the contract because of the lack of powers and the flaw is considered effective.But acknowledged that the burden of behavior and punishment of acts does not necessarily distinguish between the rights to dispose of the contract will come to an effective conclusion.Legal powers can also act as a burden in order to prevent the entry into force of the elements of the right to dispose of the contract are enforceable(that is,should not come into effect should not be carry out),in order to eliminate the source of the right to be on the right to dispose of out eventually.Therefore,the "Contract Law" thinks there is no right to dispose of the effectiveness of the contract for the flaw and determined the effectiveness of the contractUnderstood literally,"Contract Law" have no right to dispose of the contract provisions are very specific,not general highly qualified person for the disposition of the case in the ahsenre of nnwsrs lmrler the sanctions thrnnah the conclusion nf the rnntrnr.t rights nf others does not include people without powers and disciplinary action by their own enjoyment of rights.Lease contract in this case the surface is not consistent with the "Contract Law" requirements.However,the right to the enjoyment and exercise of powers is very complex and therefore have no right to dispose of the contract is not only a situation,but very complex. Therefore,to probe into the laws regarding the provisions of the contract have no right to dispose of the spiritual essence,summed up the essence of the right to dispose of the contract, on the basis of lease contracts in order to determine whether or not the case for the right to dispose of the contract.I think the essence of the right to dispose of the contract,the contract took place aimed at the relationship between claims and liabilities of the changes in the law itself,outside the main contract does not involve the third person,but the contract will eventually happen to fulfill a pre-existing rights of the actual results have been disciplined This relates to a person (not limited to the right people I am) the vital interests of the legitimate interests of its real impact.And in accordance with the general concepts and people's life experience,because people do not have the right to dispose of powers,the real impact is likely that it would go against its will,that is not the wish to produce and are willing to accept their legitimate interests and therefore will damage.Therefore,as long as the people are no powers to enter into contracts with others,and the contract will eventually happen to fulfill the rights of the actual results have been disciplined,then the contract can be regarded as the same type of contract,that is,the right to dispose of the contract.Lease contract is fulfilled,that is,the lesser will lease to the lessee the possession,use, ownership of the leasehold period in the lease can not be in its possession,use,and also that the loss of these two competencies,it is clear that ownership of the content has changed, resulting in its being the result of disciplinary action.Under the "Contract Law" 229th,the leasehold title to the new person should not object to the lease for possession and use,thereby affecting its ownership.So the future impact of this action to obtain the ownership of leasehold interests.In addition,the "no transfer of property,lease,auction,such as" the agreement should be regarded as the property owner to give up powers means that the lesser and therefore no powers.To sum up,in this case the lease contract for the right to dispose of the contract. Therefore,in effect after the establishment of the status undetermined.In addition to disciplinary powers to obtain people,the after parties that the leasehold title to the new person has been ratified,the contract shall enter into force.Interested parties at the case of refusal to ratify the contract that is null and void the contract into.In this case,the court has been asked to confirm no effect of the lease contract is considered the entry into force of interested parties refused to ratify the contract,so the lease contract is null and void.