| The rules of not breaking the sale of lease, breakthrough the principle of debt relativity, exception to Lessor not have to bear the risk of the leased property, Let the lessee has some close to the permissions. This involves the protection of tenants against the assignee with the protection of the two interests of the measure. The system has been a controversial, and advancing. NO.229 of Contract Law says:the changes of ownership of the lease during the lease, not affect the validity of the leasing contract. Accompanied by social and economic development, and a market economy of the activities were complicated, business leasing do not break the real problems more complex.But, China’s the rules of not breaking the sale of lease system is simpler, illustrate just a poor,cannot meet the needs of the judicial practice.This paper is divided into four parts.The first part tells the problem of the main reason and logic. introduction the status of not breaking the sale briefly, spelt out this paper mainly adopt methods of research.The second part is the correcting of the not breaking the sale. From the reflection of the Contract Law of the three major problems were launched on.First, a change of ownership is based on legal, are based on agreed that different reasons of legal effect is different. The second is the lease for all, the shipowner with the lease, different circumstances and not applicable leases are different. The third is the scope of the lease period was too big to lease part of the initial stage, apply to different business leasing do not break the situation is different. finally, against the power of the lease should choose to which a certificate in dealing with.The third part in the judicial interpretation of the restrictions on the sale of no use in discussing the provisions of the business leasing do not break in the practice restrictions apply. The fourth part back to our business leasing do not break the rules and regulations on reflection, for legislative proposals. |
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