The Ownership Of The House Lease Contract In The Decoration Zhuangxiuwu And Thinking Of The Civil Law

Rental housing is a universal phenomenon in China’s current stage of social economic life, the tenant to maximize the effectiveness of rental housing, often decorate on rented housing, therefore, the dispute on the decoration of the rental housing is produced, it has also become a problem in the trial court, this kind of case processing in the theoretical circle and judicial practice has aroused great concern."The Supreme People’s Court On Urban housing Lease Contract Disputes Interpretation Of Several Issues Of Concrete Application Of Law" established the rules for dealing with such disputes on the rental housing decoration attribution and returning of interests in the absorption of the people’s courts at all levels and academic opinion foundation. The above question processing involves the property and contract law two big fields, including "Accessio","Unjust enrichment" and the theory of civil law. How to target specific practice correctly understand and apply the theory of civil law and deal with their relationships, is release Interpretation [2009]11, related rules to implement the important foundation.Firstly,this paper takes a typical cases leads to rental housing decoration disputes problems, which leads to the house leasing contract decoration material concept, characteristics and classification of discourse; Secondly, this paper analyzes the law Interpretation [2009]11,because the law did not reflect the"Accessio" with civil law theory processing decoration material ownership problem, nor with the civil"Unjust enrichment" system to balance the benefits among the parties conflict problems of; Again, this paper introduces the civil code of the "Accessio" theory and "Unjust enrichment" system, and then prove that the rental housing decoration disputes should be applied to these two kinds of systems, as well as on how to reasonable application were discussed and illustrated; Finally, the paper based on the former analysis on law Interpretation [2009]11and relevant rules in the evaluation and the "Accessio" theory and the "Unjust enrichment" system, proposed the correct to deal with the problem of institutional framework. This article carry the discussion based on the balance of the lessor and lessee of the interests of both sides, I hope to have significance in judicial practice.