Premises Effectiveness Studies

Sublease on a rental basis, means the lessee does not withdraw from the leaserelationship back all or part of the leased property leased to a third party (the lessee), forits use, the proceeds for that purpose. Rapid economic development in the market today,sublet increasingly becoming an important way to the rental market, optimal allocation ofresources at the same time, a variety of problems and disputes hand in hand. In theadjustment process of the modern national legal precedent on the sublease behavior,liberalism, limiting doctrine and the distinction between ’legislative model. The main basisof our existing laws sublease behavior specification for the provisions of section224ofthe "Contract Law", the mining restrictionism legislative model.2009, China’s SupremePeople’s Court issued the interpretation of a number of issues on the trial of the specificapplication of the law of urban housing lease contract disputes, further clarify the subletsystem, sublet the absence of the system is still difficult to meet the judicial practice tosolve numerous caught up in case of need. Combined with local policies and the quality ofjudges, business to different levels of operation of trial practice there are many problemsCheng to be resolved.The start from the sublease of the relevant system, the concept of rent lease, thisrelationship of the characteristics discussed the nature of the rental right to sublet theeffectiveness of the claims for rental right, the property rights and property rights, said tobe done a brief introduction, and inspired by the theory of property rights and claims, fromthe promotion of the transaction to protect the safety point of view of transactionconcluded, certainly leasing the right to claim said; Second, the paper give the right tosublease and lease, lease Right Transfer Analysis of related concepts, and strengthen thedefinition of the sublease legal acts, combined with the current laws in most countries, therestrictions in the process of adjustment sublease issues ’, liberalism and the differencebetween’ legislative model described; Finally, in accordance with the provisions of section224of the Contract Law, will sublease the effect of area is divided into the effectiveness of the legal effectiveness of the sublet and illegal sublet, and discussed in detail. Theproblems set forth in the sublease of the parties have the effect of personal insights toponder still immature, in order to provide feasible suggestions of our sublease Perfection.