The Research On Connexion In The Lease Of Houses

In recent years, with China's rapid economic development and the deepening housing reform, housing rental market has grown rapidly, and lease disputes on the housing decoration and extension have continued to increase. How to hand the decoration materials or extensions in the rental has become a serious problem in judicial practice. Although there are some provisions of legislation on this problem, they are all principles. So the judges often claim of the lack of trial basis which lead to different results in the same type of cases for the judges' different understanding when they have to determine the ownership of the decoration materials or extensions and balance the interests between the parties.The Supreme [2009] No. 11 provide this issue with 6 terms(art.9-14) to establish specific rules dealing with such disputes, but the unclear distinction of different kinds of rights in the decoration or extension leads to some defects in certain provisions which can not protect the legitimate interests of the lessee or lessor well. To solve this problem, the article start from the combined system which is the theoretical basis of the decoration or extension to analysis the application of combined system in the housing rental according to the relevant provisions in the Supreme[2009]NO.11, and to determine the ownership of decorations or extensions and the returning of benefits. This article discusses the issue from the following four aspects:The first chapter of the rental or expansion in the decoration of the status. Clear in the decoration rental or expansion of the circumstances under which constitutes a matched, and the expansion of why the deal decoration cf. This section also related to our existing legislation were investigated, and be evaluated, and points out the existing problems.The second chapter discusses the decoration of houses or extension of a lease of the theory. Although the rental or expansion in the decoration together with the attached system, unjust enrichment, breach of contract damages and tort damages are associated with, but the final analysis, decoration objects or extensions and rental housing is matched, only in accordance with with co-determined system of decoration objects or extensions is the property only after involving the application of other related systems. Therefore, this part of the constituent elements of the Annexed, property effects, results have been discussed claims for rental or expansion in the decoration of the discussion to provide theoretical support.The third chapter focuses on the combined system with the specific rental application.The second chapter of this part of the contents of the specific application to the rental which a detailed analysis of the decoration in determining the ownership of objects or extensions need to be considered when ownership of factors, including the parties have agreed, with a combined subjective state and the size of original value. In determining the vesting of ownership after the unjust enrichment through the system to balance the interests between the parties, more distinguished unjust enrichment and other claims claims the relationship between the law on the basis of interpretation [2009], NO.11 evaluation of the relevant provisions, pointed out that the existing problems and to make appropriate revisions.The fourth chapter discusses rental together with interest on the return of some specific issues, including the scope of the interests of the return, forced residual benefit as well as the present value of understanding. Although housing lease extensions should be handled mutatis mutandis, decoration materials, but because of expansion and decoration has a certain distinction, so the return of interest in determining the scope of the two should be considered separately, but also benefit to the interests of forcedthe impact of the return. With Supreme [2009] 11 the relevant provisions of the return of interest in determining the specific amount of time the present value of the residual value should be a reasonable distinction.