Research On Processing Of Decorative Decoration Housing Lease Contract

In recent years, with the rapid growth of China’s economy and the frequentmovement of population, housing rental market increasingly unpopular, the lessee inorder to maximize the use of rental housing, often a certain decoration for rentalhousing, thereby increasing rental housing decoration material disputes, to deal withthis problem has become the focus and difficulty in the court. In the "SupremePeople’s Court on some issues concerning the specific application of law in the trial ofurban housing lease contract dispute cases the interpretation"(hereinafter referred toas the law interpretation [2009]11) prior to the announcement, China’s law on thetreatment of decoration disputes on this one problem, also be involved, but therelevant provisions are too general, lack of maneuverability. The court in dealing withdecoration material ownership of the lease contract the parties and the balance ofinterests of both sides are often lack of judge. On the judicial interpretation, theshortcomings of the existing legislation made up from a certain extent, but theexplanation is not expressly stipulated in the lease contract decoration material indifferent effect under the ownership and the various of lease relationship right is not aclear distinction, in the interest of the affirmation of decoration material ownershipand how to balance the lessor and the lessee, there still exist some defects. This articlefrom the shortcomings of the judicial interpretation of the starting, through theintroduction of unjust enrichment system and the system of unjust enrichment,demonstrated in the rental contract, the problem of decoration disputes should applythe two systems, and on how to use these two kinds of system to solve the practicalproblems of an explanation, in order to resolve decoration ownership in housing rentalcontracts the unknown and the lessor and lessee interests imbalance.