On The Nature Of The Right Of Rental

This article consists of six chapter ,which can be divided into four logical parts.The first part ,which consists of chapter one, concerns of the concept of leasehold and the different views on its nature held by different schools.On the basis of analyzing the reasons of the disputes on the nature of leasehold,the author established the standard of judging the nature of real right and obligatory right.In the history, it once had three kind of standards ,the object,the content and the effect standard,the author has chosen the effect standard.The second part, which consists of chapter two and chapter three ,the author from the angle of substantial law, judges the nature of leasehold in different developing stages according to the effect standard.In Roman law,the leasehold only had relative effect ,which was obligatory right.In the contemporary society, the leasehold has part of absolute effect,but it does not have complete potency of real right,so it is a right between real right and obligatory right.The third part, which consists of chapter four,the author analyzes the reason on the change of the potency of leasehold. By comparing the different potency of leasehold with usufructuary rights, the author make the conclusion that, from the logic angle, the leasehold and usufructuary rights have not essentially difference,what makes they has different potency lies on legislation policy.The legislation gives the different potency of leasehold and usufructuary rights on the basis of the concrete social economy and the political condition.The fourth part, which consists of chapter five and chapter six, the author makes legislative proposals on leasehold according to the society' s present situation.