Research On Legal Issues Related To House Sublease

Sublet is a special type of leasing, widely exists in the current market economy. The lessor and the lessee as a lease of the parties, in order to meet their own interests, whether to agree to agreement the lessee sublet. But in the realistic society, the lessee without the lessor agrees to sublet without authorization is very common. Due to sublet the law is not perfect in our country at present stage, for sublet of dispute has no clear legal basis for guidance, and part of the problem, there are a lot of controversy. This article through the analysis of various countries in the world to sublet the mode of legislation, to sublet the research on the legal issues, and through the analysis of the status quo of sublease legislation in our country, combining the situation of our country and other countries’ experience, put forward corresponding Suggestions for our sublease legislation perfect.This paper introduces the concept and characteristics of sublet, and sublet, lease, transfer, lease transfer difference between three confusing concepts. On this basis, the analysis of the world to sublet the legislative model, there are three main kinds of legislative mode, lists the representative legislation. By a comparison of the different legislative model and characteristics, suitable for our country take legislative model:the legislative mode of difference. It has the characteristics of the combination of principle and flexibility, more suitable for our country’s current national conditions and the present condition of the law, to establish and perfect our country legislation pattern has significant reference value. For illegal sublease the most widely in restrictionism legislation mode, legislation pattern and our country is adopts restrictionism, about the force of law, legal sublet and illegal sublease in restrictionism legislation mode are analyzed. Start with legal effect between legal sublet the effect analysis, secondly discuss the legal sublet preferential buy right, if the lessee sublease whole house all, do not enjoy any benefits, the right of first refusal shall vest in the lessee, other cases is the lessee has the right of first refusal. At the same time for the problem of illegal sublease, analyzes the legal relationship between the parties, the research of illegal sublease three controversial issues, found illegal sublease behavior constitute infringement behavior, the interests are unjust enrichment but does not constitute a has no right to dispose of. Finally, analyze the sublet the deficiency of legislation, combined with China’s national conditions to sublet Suggestions, hoping to make up for our country to sublet the deficiency of legislation, our legislation to better meet the needs of the society. At last, it puts forward his own viewpoint in our country for sublet should adopt the legislative mode of difference.