Research On Mode Selection And Legel Issues Of Sublease

Sublease is the universal phenomenon in the current rental market. The regulationsof sublease are still kept by the Principle Provisions under the current Laws,regulations, and judicial interpretation. Sublease makes different Legal effect amongthe lessor, lessee and sub lessee, however, the principle provisions of sublease in ourcountry is no longer meet the need of practice, so it is caused some differentunderstanding about the sublease on Judicial practice, also, it caused some deviationwhen the judge choose the law to keep balance between the benefit of client. Thisthesis will compare and analyze the validity of sublease, aim to perfect the system ofvalidity of sublease.Except the introduction and conclusion, this article includes four chapters onrelated issues:Chapter I is about the basic theory of subleasing and reflection on existingproblems. Firstly to define the connotation and extension of subleasing, throughcompare with related systems in order to determine the concept and the features ofsubleasing. Secondly, analysis the present situation of legislative and judicial ofsubleasing, and combined with case-introspection of China’s judicial practice problemof subleasing system in China.Chapter II discusses the three modes of legislation subleasing, including liberallegislative mode compromise legislative mode, and limited legislation of subleasing by comparative analysis, analysis the advantages and disadvantages of the modes, andobtains the conclusions of the right of the lessee which implied on Germany limitedsubleases mode. At the same time, this chapter shall compare and analysis the limitedsubleases which established in the contract law of China, arguing that China’srestrictions on subletting mode is contrary to the logic and reality needs. And liberalsublet model can not only solve the conflict between the lost of right on sublet andcontract validity, also can completely achieve the house’s value, so it should choosethe liberal legislative mode in our country.Chapter III discusses validity of contracts of subleasing, firstly established theGeneral principles of subleasing contract, namely sublease tenancy does not affect theeffectiveness of the contract, subject to the effective elements of the contract shallcome into legal effect. Secondly analysis the legal effect among different clients onunauthorized sublet and agreed sublet, aim to clear the legal effect among differentparties in two situation, and perfect the related system of housing sublet, as therescission right of contract of leaser, the sublease to pay off, and the sublesseecontract cancellation right, to clear the right holder’s conditions and effect when heexercise above right.The fourth chapter focuses on the actual use of the leased object subtenants result intort liability for personal or property damage, clear determination of the subject of tortliability in different situations, in the methods of bearing liability, the lessor and lesseeto sub lessee’s damages should bear the several liability, according with their mistakesto take responsibility. Responsibility to share the definition, should consider thevictim’s fault, the lessor and lessee’s management duties, damage and causalrelationship between the act and other factors to be determined.