Issues On Accession In The Tenancy Relationship

Accretion is an important way to obtain the ownership, and has close ties to the liability for breach of contract, unjust enrichment, and tort liability in the obligation law. In recent years, with the rapid development of market economy and the deepening reform of the housing system, housing rental market has become increasingly active, and the problem of decoration, renovation and expansion has intensified. But at present the legal of our country on the decoration, reconstruction and extension of rental housing is in principle, so that in the judicial practice, the judge often feel lack of judgment reason when ensure ownership of decoration and Balance the interests between the parties. Because of the difference of judge’understanding, the similar type of law case has mixed results. In2009Supreme People’s Court promulgated a judicial interpretation named "Interpretation of the Supreme People’s Court on several issues of specific application of law in the trial of urban housing lease contract dispute cases". Article9to article14provides the specific rules to solve the problem of decoration, extension and renovation of rental housing, but there are still some shortcomings.This paper consists of five parts:in the first part, it analyzes the basic theory of decoration in housing rental. There are three aspects:the concept of accession system, elements of accession system and legal effect of accession system. This part provides basis for the theoretical analysis of decoration. The second part mainly discusses how to define the legal nature of decoration, renovation and expansion of housing lease contract. The problem lays the foundation of using the relevant provisions of accretion system. The third part analyzes the relationship between the accession system, the unjust enrichment, the claim for damage and liability for breach of contract. The fourth part analyzes the relevant provisions on the accession system of the interpretation [2009]11, and points out the existing problems. The fifth part mainly analyzes the rules to solve the problem of decoration, renovation and expansion. This part is mainly analyzed from two aspects:one is rules on confirm the ownership of decoration, renovation and expansion; two is the rules on balance the interest between the parties.