Reconstitution Of Sublease Legal System

To keep up with the rapid development of market economy, lease, including subleaseis commonly and wildly executed in today’s economic activities in order to optimizethe allocation of market resources efficiently and properly. However, although thesublease behaviors increased in number in the past several years, and turned to atendency of being more and more complex, the sublease legal system of our country isstill far from perfect. In the current legal system, on the one hand, some questionsabout sublease are in extensive controversy both in academic world and juridicalpractice; on the other hand, some issues having real relationship with sublease stillhave not been mentioned in the current legal system. All the above-mentioned issuescaused the main reason that why many sublease related disputes not be solvedproperly in past juridical practice and even present an obstacle to the convenience andsafety of market transaction. Therefore, it is indeed necessary for us to make a deepresearch in sublease problems and make a reconstitution on sublease legal system.Through analyzing different sublease legislative patterns in the world, researching andanalyzing relevant questions about sublease, and reading the current sublease lawsand regulations of our country, this thesis submits several suggestions with the willingto benefit the juridical practice and the reconstitution of sublease legal system of ourcountry.Besides lead-in and conclusion, this thesis falls into five parts.Part Ⅰ analyses the concept, composing elements, legal character and the uniquesignificances of sublease. Firstly, this part defines the concept and composingelements of sublease from the view of knowing sublease correctly. After that, the legal character of sublease is proved to be an independent contracting behavior. Thirdly, theunique significances and advantage of sublease in the marketing activity is pointedout.Part Ⅱ analyses the legislative pattern of sublease. In this part, different legislativepatterns of sublease in the world and their different proposals are introduced. On thebasic of it, the advantages and disadvantages of different patterns are pointed outthrough analyzing. And then, through comparison with the above-mentionedlegislative patterns, our country’s pattern is concluded to be an Incomplete RestrictionPattern.Part Ⅲ analyzes the legal effect of sublease. This part researches and probes into thelegal effect of approved sublease and unapproved sublease, as well as the validity ofsublease contract under the two conditions respectively. Meanwhile, some questionsin extensive controversy both in academic world and juridical practice during thesublease behaving, such as the house lessee’s purchase priority in approved sublease,whether unapproved sublease is disposal without right, whether the rental ofunapproved sublease is illegitimate, are discussed and analyzed.Part Ⅳ analyzes the current sublease legislation of our country. In this part, bysummarizing the current laws and regulations, the insufficient issues on sublease ofour country are characterized and pointed out.Part Ⅴ raises several suggestions on the reconstitution of our country’s sublease legalsystem. In this part, the thesis provides a tendentious conclusion that the Free Patternis more suitable for our country’s marketing development, and suggests changing theIncomplete Restriction Pattern to a Free Pattern. Even so, consideration must be givento both the transaction facility and the transaction security during the reconstitution. Inthe last, some detailed suggestions on the reconstitution of sublease legal system areoffered.