The Research On The System Of House Subleases

House sublease has long existed in our economic life, and especially with the continuous development of urbanization process, a large number of migrant workers and graduated college students flow into the city, and house sublease becomes more universal. The sublease's provisions in our present law, however, are too simple which is the unspecified and not enough legal basis in dealing with the practical problems. In real life, the legitimate rights of sub-lessee are apt to be infringed by the lessor and lessee, and are difficult to get the effective protection of law. The purpose of this paper is to clarify the rights and obligations of lessor, lessee and sub-lessee in house sublease legal relations via the research of effectiveness of house sublease, and then build the sublease system in conforming with basic value of law. Besides introduction, this paper consists of four parts.1st part, an overview of house sublease. This part is to define the related concepts, which is as the groundwork to further analyze the problems in house sublease. This section includes the concept and constituted elements of house sublease, types of house sublease, legislating models and characters of house sublease four aspects. The important points of this section are to analyze the characters of house sublease, the differences of alienability among house sublease, rights of lease and leasehold.2nd part, the analysis of structure of house sublease. The main purpose of this part is to analyze the relations of client's rights and obligations in house sublease law relations through the decomposition of house sublease contracts. This chapter consist of three parts, including the relations of original lease contract and sublease contact, subjects of house sublease law relations and the effectiveness of house sublease. With a focus on the analysis of effectiveness of house sublease, and through the analysis of client's rights and obligations in legal and illegal sublease to find the insufficiencies for protecting sub-lessee, and suggest the corresponding solutions.3rd part, the application of the "sales can not devastating lease" principle in house sublease. In this part, the author firstly introduces the connotation of "sales can not devastating lease" principle, legislating purpose and applicable conditions which is as the groundwork to bring up that the sub-lessee can use the principle. This part focuses on application for sub-lessee of "sales can not devastating lease" principle, because of the different alienable receiver, author will divide the application for sub-lessee of "sales can not devastating lease" principle into three conditions:1)lessor transfer the lease property to third party; 2)lessor transfer the lease property to lessee; 3)lessor transfer the lease property to sub-lessee. Author advocates that it is not applicable for 3) type, and it is applicable for rest of two types.4th, the study of preemptive rights. As the controversies on legislative technique and theory, there are so many problems of preemptive rights for clients in house sublease, mainly including if the sub-lessee share the preemptive rights; conflicts and negotiations of among clients for preemptive rights; after preemptive rights of sub-lessee have been violated, compensation etc. issues. For this, author advocates that clients should be share the preemptive rights, based on which to solve the issues of preemptive rights sequence.