Legal Adjustment On Decoration Materials In The Lease Contract

In recent years, with the increase of floating population and soaring house prices,in order to solve the basic housing problem and the need of commercial-property, animportant legal relationship is more frequently applied-houses leasing. The lesseedecorate the house to meet the needs of residing and working. In practice, disputesregarding to the rental of decoration materials have been continued to increase, whichhas become a controversial deal with the judicial practice.Decorations in the rental contract is both a part of it and relatively existsindependent in the lease relationship. It is possible to confuse the contractual obligationand the application of append rules if we can not accurately distinguish them, whichwould resulting in an imbalance of interests between the lessee and the lessor, as well asthe failure of dispute resolution. In addition, as the lack of unified regulations andjudicial interpretation, the judge often feel a lack of trial reasons about the ownership ofdecoration objects. As a consequence, the same type of cases often produce differentresults, which is bad for the interests of contracting parties. Given the decorationmaterial disputes relationship concerns to the interests of uncertain citizens, we shouldtake relevant provisions of the rental contract for resolving decoration materials disputesas lessons, combined with the reality of our situation, to make a detailed an deep studyon decoration materials in the lease contract. On this basis, relevant suggestions toimprove the problem should been drawn out,which will effectively solve the disputesand bring great practical significances.This paper begins with the concept of decoration materials to analyzes thecharacteristics of it in the rental contract. Then through the study of interpretation [2009]No.11, and the comparative analysis of reviews and current legislation dealing with therental of decoration materials abroad, pointing out our deficiencies and enlightenment.Part IV and Part V of this article focus on the dealing of decoration materials in the caseof goodwill and malicious accession.Besides, the unjust enrichment system, theresponsibility of compensation for damage, liability for tort, and contract validity system are also probed thoroughly and meticulously in order to obtain the theoreticalsupport.