The Conflicts Of Rights In Leasehold Of Real Property

A society of law needs a universal and logically conforming law and on the basis of its rules, people can rationally predict the consequences of their own behaviors and establish an inevitable connection between the behaviors and their consequences. Only by doing this can people develop a faith in law and believe that their behaviors will get the rational and expected results as long as they conduct them through the law, so as to make their aims come true. The leasehold of real property is a very important property right as well as an important way of availing themselves of their real properties, especially in socialist China which exerts a public ownership of means of production. However, due to the fact that the present Chinese laws concerning the leasehold of real properties are too simple and that there are many conflicts in the present laws and the lack of attention on their research in the academic circle, there are very serious conflicts of rights in the legal relationships of leasehold of real properties which influences the use of real properties. The leasehold of real properties has real property as its object and it exists on the basis of the contract of leasehold of real properties. It is a property right by nature. The conflict of rights is a conflict of interest by nature and the reason of the formation of conflicts of rights is the ambiguity of the frontiers of rights and limits of human's experiences. The major cause of the conflicts of rights in the leasehold of real properties is the lagging of the present laws and the fact that the rules of laws are not scientific enough. The legislation is the basic way of solving the conflicts and what's the most important is the establishment of a flawless legal system of registration of real property. Before such a flawless legal system is established, judicature is another important way to solving the conflicts of rights.