A Research On The Claim Rights For Lessee's Accessio Interests

At present, under the background of rising durative price of t he domestic realty market and the urgent need of lease of houses, there have appeared a lot of dispute of lease of houses,in which the prominent one is how to deal with the problems of decoration after the dispute.The first part presents the problem of lessees on the right of claim on the aspect juridique according to the present legislative and judicial situation of accretion system. The lessor and lessee have the dispute on the benefit of decoration.The second part narrates that the nature of the right of claim of lessee si the right of claim to ask for the undue enrichment. Different from the prescript of Contract Law Section 223 Article 2, the right of claim of lessee's accessio interest not focus on the different loss of the contract keeper, but focus on the interest loss of the lessee.The aim is to gain the interest of lessor and conform to the functions of the interest system. At the same time, the same natural truth conforms to integrant elements. The phenomenon of multi rights of claim exists. So how to coordinate the relationship between multi rights of claim should only obey the guide rule of justice, but also obey the idea of "free".The third part presents that fundamentals of law od the right of claim of lessee's accessio interest is General Pricinple Of The Civil Law Of The People's Republic Of China Section 92 and The Ideas of General Pricinple Of The Civil Law Of The People's Republic Of China Section 131, according to which the fact basis of the lesse exact the right of claim of undue enrichment has the competitive relation with the fact basis of lessor's right of cliam for damage. In the pratical use, we should not mix the two relations, or the function of the right of undue enrichment claim will lose. The efficiency of the right of claim of lessee's accessio interest represents the extent of replacement or the add of lessor's property? Or the equal worth compensation of personal estate.The fourth part presents the two prominent keys for attention. One is that how to assign the interest is the resposibity of proof on the basis of "legal reason"or not, the other is the resposibity of proof of gain value. According to the theory of the come under the jurisdiction of rights and interests, the lesse should take the resposibity of proof due to the reason not related to law. To properly deal with this kind of case, in the process of try, the judge has the obligation of explanation timely on the behaviour to hinder the lessee's negtive proof or lessor's proof.