| China’s Contrcat law229provisions rules on “the sale does notbreak lease”,but there are a lot of problems on how to use the rules.Thearticles of laws can not express the details of application perfectly.With the high speed development of economic and the complications ofpeople’s activities, it is necessary to analyze the application of “thesale does not break lease”,and refer to the advanced legislation abroad.In combination with state of the union, legislative proposals should beraised to meet the needs of judicial practice.This paper is divided into three parts unfold the study of theapplication of “the sale does not break lease”.With reference to the description of China’s law order of “the saledoes not break lease”,the first part analyze the problems in accordancewith the words of law order. The analysis include the lease item, leaseterm and several forms of ownership changes.And the brief analysis of theright to lease is creditor’s rights in rem.In addition,the analyze ofthe constitutive requirements of the problem and the rights and bligationsof three parties’s is quite indispensable. The theoretical circle havedifferent inductives,it provides a good way for the beginners. The authortries to do three inductions of own understanding.The second part pay close attention to a few questions that can notbe ignored in practice, and it includs renting others’ items, dealing withthe problem of the deposit, mortgages and rental’s game and some judicialinterpretations to impose restrictions on the ues of“the sale does notbreak lease”. These problems are not only theoretical concerns,but alsovery important in practice.The third part is about deficiencies in China’s law order of “thesale does not break lease”,and based on the deficiencies,the authorregards to put forward legislative suggestions.China’s“the sale does not break lease” has deficiencies in number of law and related issues,solawmakers should give attention to consummate the problem to let the lawembodies the practical value. |
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