Research On The Sub Lessee Rights

Abstract:With the sublease market has become increasingly active, sublet phenomenon of the increasing number of disputes, legal sublease, sublease unauthorized buildings have become a common lease. The relevant provisions of laws and regulations China law in search of discovery, legislative provisions for sublease is very incomplete. At the legal level only "Contract Law" Article224also did not relate to the validity of the sublease contract, the supreme law from September1,2009implementation of the "interpretation on the trial of urban housing lease contract disputes Application of Law Issues" section Article16and17times in the termination of the contract the lessee has the right to defense objections, the third person the right to participate in the proceedings, subrogation rights, the contract is terminated defenses, recourse, in the second process protection sublease tenant interests, is a big step forward, then there is the "City rental management approach" Article27, and some local regulations. Comprehensive view of the law relating to sublease, you can see the main starting point for legislative regulation sublease is to safeguard the interests of the lessor, the lessee’s interest that protects the weak. Due to China’s laws and regulations in this area is blank, the effectiveness of theoretical inquiry and unauthorized sublease sublease contract legitimacy has become a real need. By countries sublet Mode of the draw should be different from the restrictions of arbitrary and differences compromise mode, sublease contract is based on the presence of the original lease, the lessee for housing based on the share of housing for possession The key factor in the sublease, the sublease contract with the original lease relationship is to determine the nature of the sublease contract. After discussion obtain independence sublease contract, unauthorized sublease contract become effective, drawn sublease contract should be a valid contract with dissolving conditions shall be based on existing law and judicial interpretation, judicial interpretation wrote to stay months The scheduled period, here wrote,"terminate" the contract shall be the original lease contract, because the contract relative, tenant sublet without permission is a breach of the original lease agreement, the lessor can not extend the powers to His contract does not involve the sublease. The legal and unauthorized sublease tenant sublet the second for comparison, the authorization in order to sublet tenant characteristics and discusses unauthorized sublease tenant in times should have all legal rights in order to sublet tenant. Although the use of sub-lessee to obtain housing rights under the contract, similar to the usufructuary, but usufructuary right is statutory, behavior and sublease sublease rights are not obtained a statutory usufruct. So the nature of the sub-tenant to sublet without the right to claim. Another part of the rights in order to sublet without permission from the lessee’s real needs, such as pre-emptive rights, the sale does not break the lease rules, etc., in the pre-emptive rights by way of introducing the second case the lessee shall obtain this right accordingly discussion, and the case of preemption points overall problem tenant and sub-tenant will be described in the sale does not break the lease based on the principle purpose of the legislation and the real needs should also apply to the sub-tenant sublet without permission. In the analysis of the rights without authorization in order to sublet tenant, the papers in scope for further expansion of the rights situation discussed next several sublease tenant, the author will be divided into several situations are discussed, and finally Based conformance requirements responsibilities, rights and obligations, the law should make up for gaps in order to protect the interests of unauthorized sublease tenant, while sub-tenant can not sublease people with "unauthorized" behavior and requirements of the contract.