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On Some Legal Problems Of Sale Do Not Break The Lease Principle Discussion And Improving Suggestions

Posted on:2012-07-02Degree:MasterType:Thesis
Country:ChinaCandidate:S Q YangFull Text:PDF
GTID:2216330338964211Subject:Law
Abstract/Summary:PDF Full Text Request
Our country "Law of contract" the 229th stipulation is as follows:the lease period of the change of ownership to change, does not affect the validity of the leasing contract. The law is civil law of our legal profession so-called "sale lease is not broken" principle. "Lease sale does not break" principle is a very important civil law principle of contract law, not only in our country to find the appropriate legal provisions, some of the security law and judicial interpretation of relevant provisions in there. However, the rapid development in economy and society today, from the judicial practice and the endless social problems, we found that our simple fuzzy and operation of the system of legal provisions is not strong, therefore, in my view, there is a need for in-depth research and improve on the system.The author from four aspects sale does not break lease principles to analyze and interpret,the first part is dealing not broken lease principles theoretical background, that part of the sale does not break lease principles in involving some of the basic concepts introduced, and the system background brief description and theoretical basis; The second part includes not only the introduction of national legislation, and a favorable draw in the comparison and logical components, in order to prepare for the next thesis, but also does not break the sale of lease of the legal effect of interpretation, from the law Under the system point of view the legal relationship between the parties related to the analysis, theoretical analysis and clearly defined rights and obligations of the parties, so as to judicial practice and provide the basis and direction of social practice; while not breaking the sale of application of the principle elements of the lease analysis, face a variety of theories, the author's point of view in different views and put forward their own views for reference and discussion; The third part is not broken lease sale of the principles and realization of the right mortgage solution between the game and the section will be on China in relation to the provision of new solutions; fourth part of the Article 229 of the Contract Law does not break lease sale of the principle of reflection and improvement of this part of the focus of this paper is, from contract law legal provisions of Article 229 proceeding, reflection and interpretation of the provisions of our laws reflect the existing gaps and deficiencies, for the ultimate perfection of the system to make suggestions reference to perfecting the principles of the trading system is not broken lease.
Keywords/Search Tags:not broken for sale lease, principles, rental right, of leasehold property, rental property registration
PDF Full Text Request
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