The Analysis On The Legal Basis Of Commercial Contract Continue To Be Valid After The Death Of The Lessee

Lease of tenement is an important issue in legal research, so is the tenant benefitsprotection in lease laws all over the world. In China, lease laws are mainly reflected in theLease Contract of the Contract Law and are relatively simple and incomplete. Thedevelopment of economy has brought new leasing relations, which are not accounted for bythe current laws.Starting from the case “commercial housing rental”, which focuses on tenant rightprotection, this article will analyze how the “death to the tenant” affects the lease contract andwhat regulations the court adopt to judge. Consideration and suggestion will be given for thereference of relevant case judgment.This article is divided into five segments. The first part gives a brief introduction to thecase and its focuses, which constitutes the foundation of the whole article. By centeringaround the key disputes in the case, the first part explicitly points out the five questions to besolved. The analysis and solution of these questions compose the following three parts of thisarticle. The second part is the concrete analysis of term60and91from the Contract Law andterm3from the Law of Succession of the People’s Republic of China against which the courtrules. The first three questions will be solved and the “death to the tenant” is not a legalsituation to terminate the rights and obligations of a lease contract. This article ascribes theleasing right to usufruct, which is allowed for inheritance. The third part talks aboutinheritance to leasing right. As there are disputes over the nature of leasing right, it iscontroversial to judge the case from the concept of “inheritance to leasing right”. This articlesuggests “possessing” the property system and using this system for “tenant’s possessing rightto leasing object”, which draws the conclusion that after the death to the tenant, the inheritorcan inherit “the legally possessed object from the tenant”. Though there are no laws andregulations regarding commercial housing in China, this article avoids the dispute overleasing right and allows the tenant to have the right to “further leasing”. To give morecoverage on the case, this article gives negation to the “defendant” against the term234of theContract Law. In the fourth part, this article proposes the following suggestions in terms of“rental housing” category, regulations of “the death to tenant”, the term234of the ContractLaw and the inheritance range of the Inheritance Law. The fifth and final part talks about howthe author thinks. From the limitation of laws,“ruling by laws”, and “laws to be abided by” to “people’s subjective initiative of laws” and “usage of legal theory”, the author expects to uselaws and regulations with flexibility.