Study On Protecting Sub-Lessee With Goodwill In The Relationship Of House-Subleasing

In recent years, with the acceleration of urbanization and the increasing of the house price, large number of tenants rushed into urban, Market transactions in sublease are continuous increasing. As a result of the gradual progress of sublease market, house-subletting has become more and more common, playing an important role in the economic life. However, rules on house-subletting in China are not self-contained, relevant provisions focus on protecting interests of lessors instead of lessees and sub-lessee’s. On one hand, it caused a lot of problems in real life and judicial practices, same cases with different verdicts weakened public credibility of the judiciary; on the other hand, sub-lessees are relatively weak in the lease relationship but they have to bear high risk, it will have negative influences on sublease contracts and restrict stability and development of the sublease market under the environment of market economy as well as social order. Besides, sub-lessees actually occupy and use houses, they enjoy the reliance interest, should be protected. Therefore, it is important to improve the relevant system and protect interests of sub-lessee with goodwill.This article uses literature research method, inductive method and comparative research method. It is basics on the protection of sub-lessee interests, pointed out the deficiencies in law, made recommendations on the improvement of the housing sub-lessee protection. This research is divided into five parts. The first part is exordium; the second part introduced relevant conception of subleasing, identified goodwill and expatiated on three main rights of sub-lessee housing; the third part analyzed theoretical basis in law of protecting sub-lessee of goodwill in the relationship of house-subleasing; the fourth part is about comparison of Chinese and foreign legislation on the validity of unauthorized subletting contract, restrictive provisions of lessors’ termination rights and the provisions of the specific rights of sub-lessee, then proposed legislation defects on the protection of the sub-lessee interest from three aspects; the last part is about suggestions on the system of protecting sub-lessee of goodwill.