Research On The Ownership And The Effect Of Creditor’s Rights Of Annexed Decoration Materials In Tenancy Contract

One of the most important issues about tenancy contracts in the juridical practiceis how to deal with the annexed decoration materials. The judicial interpretation aboutthe issues of Supreme People’s Court’s provides the basis to solve the problem, andimproves the efficiency of judgments, but it is still on question by the standing oftheory and social experience. First, the interpretation does not make sure theownership of the annexed decoration materials, which leads to the uncertain status ofthe ownership; second, in the interpretation, the interests reimbursement to the lesserwho losts the ownership of the annexed decoration materials is based on the consentof leaser, the accountability of breach and the responsibility of invalided. It almostdenies the value of the materials, and causes the interest of them unbalance. Thisarticle is divided into four parts to analyze the issues of the annexed decorationmaterials.In section Ⅰ，raising the issues thought two cases. One case is the judgment ofthe annexed decoration materials under the tenancy contract is invalided. The othercase is the judgment of the annexed decoration materials under the tenancy contract isbreached. The two cases are used to raise the problem that the interpretation is still onquestion. So an exact accurate is necessary to solve the issue—confirming theownership, and then reimbursing the interest based on tendency contracts.In section Ⅱ，confirming the ownership of annexed decoration materials andjudgment method. First, ensuring the application of the rule of real estate annexed inthe tendency; second, referencing to other countries’ law about them. Then theconclusion is that the agreement between parties should be prevail. If agreement is notexist, the materials belong to the lesser. How to judge the annexed is based oncontinuity and stationarity. And under the application of the rule of real estate annexed,the consent of lesser has no effect on the confirming of the ownership of the materials.In section Ⅲ，the main idea is how to reimburse the interest of the annexedmaterials. Thought the consent of lesser, the attachments are based on the tendencycontract. So in the state of invalid contracts, the attachments have no basement ofvalid contracts. The interest reimbursing should base on the consequence of invalid contracts. It can be solved by unjust enrichment and contacting fault liability. In thestate of valid contracts, the right of benefit cost, the right of retrieving can be used tosolve the issue of the reimbursing of the attachments, supplying with breach liability.In section Ⅳ, the key question is to solve the attached materials without theconsent of lesser. In this circumstance, the lesser can choice to apply the real estateattachment rule, tort rule or breach rule. If the lesser choices the application of the realestate attachment rule, the lessee can obtain remedy based on unjust enrichment. If thelesser choices tort rule or breach rule, the lessee still has the ownership of the annexeddecoration materials, and has to take the responsibility of restoration to their originalstate or indemnification for damage.