Legal Lssues Research On Real Property Leasing Right Pleding

Real property leasing right is the sum of all the rights of the lessee’s for leasing contract, including the right to request the lessor to deliver qualified leasehold and enjoy the interest of possession, use, income, and other priority renewal. Real property leasing right is essentially within the debt right. Real property leasing right guaranting belongs to pledgeing of right. Real property leasing right pledging specifically refers to lessee provide guarantees to the pledgee with enjoying all rights under the lease contract signed with the lessor, when the lessee outstands debt within the performance period, the pledgee is entitled to priority over leasehold interest.Real property leasing right pledging is a new practice mode to solve the financing need, especially the shop leasing right pledging developing in areas of large-scale professional market of Changshu City, Jiangsu Province, Yiwu City, Zhejiang Province and so on. Whether the leasing right could become the subject of right pledgeing has the voice of doubt, but most scholars acccept the view that the leasing right can be the subject of right pledging under the premise of lessor. Leasing right is the property right, with the transferability to some degree, in line with the qualitative requirements of right pledging. According to the legal principle of property rights, the right to pledge has not get access to legislative approval,remaining risk. Based on the value of the leasing right pledging in practice, we should realise its legalization through the way easing the legal property.On establishing specific systems of real property leasing right pledging should focus on particularity compared with other rights pledging, including the establishment and the way to achieve the right,establishment of right shuold obtain consent of the lessor, and transfer debt certificates. Implementations of real property leasing right include lessor buybacking lease right;renting again; transfereeing leasing rights and so on. Compared with the traditional two-party security model, real property leasing right pledging involves tripartite roles, also including property owner lessor, whose interest of ownership should be adequately protected, such as the establishment of real property leasing right pledging should reflecting owner’s autonomy and protect owner’s rental income. To play better this system in practice, we should begin to improve the legislative level and judicial level. On the judiciary, To confirm this new type of right pledging through judicial case, fully affirm the legality of this right pledging in the legislative, the immediate approach is to confirm guarantee of lease rights pledging through judicial interpretation, long-term solution is to modify "Property Law "on the range of right which can be subject of right pledging, legislative provisions should be" The rights which other laws and administrative regulations did not prohibit the pledge".