Study On The Rights And Conflict Resolution Of Rental Contract

Frequently traded in the market, a strong sense of civil rights today, the rights issue hasbecome inevitable conflict that must be faced in the rental relationship also exists aconflict between the rights of each person in the high house prices today it is a majorevent, so we have to carefully study the various rights, especially in the rentalrelationship conflicts exist, and to minimize the conflict by improving the mannerprescribed by law, to provide citizens with a stable living environment for They feel asense of security law. In the rental contract, involving the relationship between the mainlot, so right conflict is particularly prominent. The author analyzes the various entitiesinvolved in the rental relationship, mainly lesser, housing co-owner, lessee, sub-lessee,mortgagee, house buyer, the subject of housing for each subject are entitled to theirlegitimate rights, each legitimate rights should be protected by law, but there arenumerous rights of so many subjects have the right if you do not sort out their borderconflict will inevitably occur in the exercise. By the author of various rights holders andtheir rights have conducted in-depth analyzes, summarizes the three major conflicts inthe rental contract exists: namely, leasing and property rights, right of first refusal andownership, conflict between the right of first refusal. To resolve these conflicts, thecurrent law tends to protect the weak, the interests of the lessee. But I believe that isnow developed market economy, unlike in the past, today’s tenant already renting hasbecome a common and easy thing, and numerous rental purposes; the lessee is notnecessarily weak. Further, the author analyzes the existing legal system, that the lawwhile protecting the lessee, neglected or even excessive repression of the legitimateinterests of other rights holders. The fair is the soul of the law, even if the law tilted thescales would like the weak side, it should acquire a certain balance. Therefore, I made alot of people to weigh the interests of the lessee and the other rights of advice: If therental contract registration system, making certain leasehold property has the effect ofpublicity can serve the public trust, allowing potential may vary law protection of otherrights holders lessee damaged, such as a buyer, you can learn more about the ownershipstatus of the subject of housing, in order to predict the possible risks of their own;author also proposed a strict "sale does not break the lease," the applicable conditions ofthe proposal, Existing law does not apply to the conditions of this principle limits, lead to the application of this principle is too broad, and even abused, contrary to theprinciple of the creation of the legislative purpose, therefore, it is necessary for theapplication of this principle has chapters can follow.