Leasehold Studied

The treatise discusses the nature of leasehold. It consists of introduction, body andconclusion.The introductory part demonstrates three different schools involving the nature ofleasehold ,clarifies the significance of the research into the nature of leasehold ,andmakes a preliminary illustration of the treatise's studying thought.The body includes four chapters.The first chapter concerns the concept of leasehold and the different views on itsnature held by different schools. The chapter firstly delimits the concept of leasehold andcompartmentalizes it into the right of lessee toward lessor and the right of lessee towardleasehold property;then the chapter enumerates the ideas of the there different schools.Since the center of the dispute is whether the leasehold is real right or obligatory right ,the treatise makes the distinction between real right and obligatory right as its logicaldeparture.The second chapter is about the difference between real right and obligatory right. Itdescribes the formation of real right and obligatory right from the perspective of itshistorical development, system foundation and right particularities. Following that, thechapter points out that there exists the relation of cause and effect between the distinctionof real right with obligatory right and the distinction of contract of real right with contractof obligatory right, which, as the requirement and embodiment of the autonomy ofprivate law ,means that the legal basises for real right and obligatory right in business arecontract of real right and contract of obligatory right.The third chapter analyzes the nature of the lease contract and the nature of deliveryand registration in a leasehold relation. Firstly, since lease contract is a typical contract ofobligatory right, the right of lessee toward lessor given by the lease contract is obligatoryright. Secondly, it analyzes the nature of delivery in business is actually a contract of realright. Thirdly, it gives an analysis of the nature of delivery from the point of view ofpossession, pointing out that the nature for the right of lessee toward leasehold propertyafter the delivery of leasehold property is still obligatory right ,now that delivery in leaserelation is a factual behavior which can not lead to real right . Finally, it gives acomplementary explanation to make clear that registration in a lease relation, as delivery,is not a contract of real right, hence could not transfer leasehold into real right.The fourth chapter concerns the phenomenon and reasons of the real right of theleasehold . Putting it into its economical and social background, the chapter specifies andanalyzes its actual behavior ,with the conclusion that possession ,whose protective andcontinuing function strengthen the validity of the leasehold so as to ensure the lesseeenjoy the real-right-like protection, has a close relation with the real right of leasehold.Finally, the chapter comments other schools' ideas about the nature of leasehold.The conclusion part ,based on the generalization of the ideas of the above chapters,points out that leasehold has the nature of obligatory right and the phenomenon of thereal right of the leasehold is caused by the protective and continuing function ofpossession.