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Research Of Contract Disputes Of Housing Lease

Posted on:2014-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2256330401961814Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years, Housing leasing of General occurred with of brings of is housing leasing contract in the of series of problem, because housing leasing must led to housing leasing legal relationship of large occurred, and housing leasing legal relationship of occurred and will brings series of of contradictions of appears, first is rental people and tenant people of contradictions, second is tenant people and times tenant people of contradictions, finally is rental people and times tenant people of contradictions, this raised has rental people and tenant people,and times tenant people of legal disputes, and in practice in the endless, Become a prominent issue in judicial practice. Rental legal relationships in the sale lease the lessor as a result of the lessor and the lessee dispute, tenants and housing a buyer dispute.On this legal building has sale does not breaking leasing legal system and tenant people priority purchased right two legal system, this two legal system of building preliminary address has housing leasing contract legal relationship in the of disputes, in addition my existing contract law and the related Justice explained provides has housing leasing contract in the of some specific of rules, including sale does not breaking leasing legal system of applies conditions, and tenant people priority purchased right legal system of statutory elements and illegal building leasing contract of effectiveness problem and so on, This article explores whether illegal building lease contract with effectiveness, illegal building rental return of rent contracts determined to be invalid, and deemed invalid after the lessee of the illegal building lease contract relief compensation, and so on. This article finds that sale is not broken lease should break with tradition at the legislative conditions for the application of the principle of limited, the lessee possession as a statutory requirement for rental housing. Allowed in houses rented before the deadline, the lessee not for sale lease-breaking principles could be applied against home ownership transferred again. The lessee pre-emption systems, allow the lessee to exercise their pre-emption rights in the forced sale, but strong Act does not conflict with the people’s Court, the lessor should provide for the exercise of the pre-emption right in the normal market price. The preemptive right in the same conditions should be defined on the basis of price, others to be determined. The lessee with the pre-emption by the co-owners in the conflict, it is recommended that a sharp distinction between the total catch and total share, acknowledged lessee pre-emption right of preemption and co-owner can co-exist, legislation should provide for priority on achieving minority share of the right of preemption by co-owner. Strengthen the registration of pre-emption rights in legislation and publicity.
Keywords/Search Tags:House Lease, No Break of Lease With Bargain, Tenant Right of First, Refusal, Illegal Building
PDF Full Text Request
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