How To Deal With The Accretion After The Housing Leasing Contracts

With the rapid economic development, people living standard rise ceaselessly. More and more people tend to buy several houses or stores for rent,thereby they can a profit. Becaues of the high housing prices, the leasing industry develops rapidly. While, when people hire a house, they usually make decoration. Thus will lead to a new problem,that is accretion. Because of the inseparable of the house and the decoration, how to deal with the accretion is a problem that must be solved. Accretion is an important rule both on the ownership confirming and the property right changing of property right laws in various countries. But in the property law in China, the accretion is simple and imperfect. In this paper,we will discuss from the following aspects, the content and the range of accretion, rights of obligee and claim against a proprietary right. By comparision and analysis the real cases in Germany, Taiwan and in China. We can come to a conclusion, when we deal with the accretion, we shoule base on the freedom of contract, fault liability principle and fairness doctrine, so as to safeguard effectively the legitimate rights of contract parties...