Probe Into Issues On Unauthorized House Sublet

Unauthorized house sublease is a special type of lease, widespread under thecurrent market economy. Generally, in order to meet the requirements of multipleinterests, house lessor will agreed with the lessee sublet specific matters in advance.But, without the authorization transfer housing tenant based on various reasons tosublet is a common phenomenon in real life. While China’s current civil laws andregulations of the provisions of the house to sublet is a bit simple, there is a clear legalloophole, and there are many premises disputes still can’t solve in practice, also thereare many disputes in academic circles.With the introduction and conclusion, the paper is divided into six chapters: Thefirst chapter is an introduction, including background and significance of selecting thetopic, the theoretical situation home and abroad, frame of the content, and innovationof the paper etc. The second chapter is a basic overview of housing unauthorizedsublease; in this chapter, firstly we defined a housing unauthorized sublease in law byexplaining the definitions and characteristics of housing unauthorized sublease; thencomparing it with the three typical patterns of foreign legislation we analyze thelegislative model suitable for China. The third chapter is about the effect of contractof unauthorized house sublease. Firstly I am going to introduce the main points of ourtheory about the effect of contract of unauthorized house sublease, then visit ourlegislation and judicial practice on the unauthorized house sublease, finally realize thecontract of unauthorized house sublease is a valid contract according to this theoryfoundation of determine on the effectiveness of the housing unauthorized sublease.The next sections are carried out in this context. The fourth chapter of the paper tellsabout the lessor’s right to terminate the contract. It focuses on the procedural normsand legal consequences of the lessor exercise the right. The fifth chapter discusses thesub-lessee’s responsibility to the lessor which mainly analysis the differentresponsibility of the sub-lessee to the lessor’s under different circumstances from thethird person infringement claims system. The sixth chapter is the conclusion part.This paper analyzes many studies and case information comprehensive in orderto grasp the problems faced by the unauthorized house sublease system as realistic aspossible. So this system can respond to the needs of our judicial practice better.Although I raised a few questions and make some analysis, taking into account my reference is not comprehensive enough, limited capacity and time, but my analysiscertainly is not comprehensive. I just hope to make some modest improvement to thesystem.