Research On Agreed Terms Of Lease Contract

With the rapid development of social economy, accelerating the pace of life ledto the universality of a bargain. People operate a wide variety of contracts because ofpeople’s needs and purpose. The production of the problems is due to economicdevelopment. People is lack of legal expertise and make no detailed description on theagreed terms，which led to having no agreement on the issue of default. So, whenpeople have some fulfill disputes, they don’t solve the problem through legalprovisions. At this point, it should be based on the nature of the contract involved inthe case, identified the theoretical aspects such as liability for breach of a contract toconduct a comprehensive analysis to find ways to solve the problem with the basis.This paper analyzes the supermarket lease contracts involving real case the writerencountered in the court practice. It summed up the focus of controversy of the caseaccording to the plaintiff and the defendant’s point of view, and describes the differenttreatment of first instance and second-instance court’s opinion on the case. This paperdiscusses the contents of "closed management" by the principles for determining theuse of evidence, which school and the lessee agree in the lease contract. It alsoanalyzes the impact of the agreement on the validity of the contract terms. The"Guiding Opinions on the Ministry of Education to strengthen the management ofprimary and secondary school behavior" stipulates that the students do not take thetime to work overtime or statutory rest centralized makeup, which was issued by theMinistry of Education in2009.But this is only guidance department regulations by theMinistry of Education, rather than the provisions of the Contract Law "laws andadministrative regulations". So, the supermarket lease contract which the tenantsigned with the school is legally valid. In this paper, the author compares the changeof the situation, force majeure and commercial risks to distinguish them, anddetermine changing management is one of the types of statutory releases. It alsoresearches the fault liability of both parties of the contract, and then determines whether there is a breach of both contracts. Imputation principle of strict liabilitygenerally used, but there is a special principle of fault liability. It is applied by theprovisions of the law. In analyzing whether the school liable for breach must alsoconsider whether the existence of exemptions. The author analyzes the legal andfactual arguments to illustrate the deficiencies of the first instance court and the courtof second instance, and make a reasonable proposal on how to handle the caseaccording to the provisions of contract law, other civil laws and judicialinterpretations of the relevant provisions.