Research In The Dispute Of Annexed Decoration Materials In Tenancy Contract

It is common for people nowadays to rent a house, and the limitation land resources and the rapidly population movement boost the renting market. Elaborate decoration of renting house will meet the aesthetic and residential demand. It is worth to mention that the decoration has been an indispensable factor of competitive power. Given that, the conflict between lessee and lessor become serious. Lessees voice for the compensation for expending and devotion on decoration over the lease term, while lessors repossess the property under the contract. The creditor`s right changes walking along with the change of property possessing. Therefore, the balance of interest between lessees and lessors will not benefit everyone, but also contribute to the healthy development of renting house market.Annex is an important principle to declare and ensure ownership in property law. It is common to be found in the chapter of ownership right, and close to liability systems including unjust enrichment、liability for Breach of Contract, damages. Under the condition of tenancy relationship, decoration paid by lessees should be viewed as property accession that combines the hot issues causing new problems. To summer up, research on the issues on dealing with conflicts of decoration materials in the tenancy relationship will help to illustrate the confusion in the theories of the science of civil law, also reduce the conflicts and address real issues which will benefit the whole market simultaneously.This paper focus on how to declare and ensure the decoration material and balance the interest conflicts when the two sides enter into an argument under the tenancy relationship. The writer will discuss this issue from two perspectives. First of all, decoration material should be declare and ensure possession according to the property accession system. Secondly, the interest conflicts should be tacked according to the Law of Obligation. The discussion should follow the sequence of real right and obligation right, which share the same underlying logical sequencing. Only after declare the real right, that adjustment of obligation right will be possible.Accession refers to at least two objects owing by different people combine together creating a new material with a new nature or is undivided. As for the real right of accession material, the traditional civil law supports negotiated settlement by the two sides and allows the involved sides tackle this issue freely. However taking into consideration of the types of accession and the nature of undivided or the great loss of dividing, the law regulate mandatorily for only one owner. As for the first assumption, lessees are still owners of decoration materials and without any change, so the parties are tend to negotiate freely according to the law. With the respect of the second assumption, it will be eliminated from the negotiation possibility based on the property right. Most of the cases, the lessor will get the property and on the other side, the lessees will lost this decoration materials. This is a mandatory police in order to balance the personal and public interest.However, the realities are always turned out to be more complicated. The real world will never function almost the same with provisions of laws. We should evaluate the impaction of lessor on confirming of decoration material ownership in the whole society, with a new question that if the lessees attitudes will influence the property right of decoration material. Generally, it is believed that attitudes of lessee do not determine the property right unless referring to the return interest.The result of two parties confirm proper right according to the real property and personal property attaching rules will make the lessor acquire the ownership decoration material while the lessees bear the loss. It is clearly imbalance between two parties and must be adjust by laws. It is advisable of lessees to ask for compensation from the lessors. And this right should be seen as an unjust enrichment claim for sharing same compositions and nature especially in the perspective of balance interest.In the reality, it is not possible for lessees to claim unjust enrichment under any conditions. Decoration, different from other daily activities, is of great personal esthetical. With the respect to lessors, some decoration turn out to violate their interest and with no value. This kind of forced benefiting interfere the right of property owner, which prevent the unjust enrichment claim.If the decoration cause damage of renting houses, lessees have to bear the liability for tort and the lessors has the claim right of the compensation for damages. Under such conditions, based on the principles of fairness and justice, civil laws reject the lessees` claim for compensation. In addition to the not only benchmark of permit ion, other factors as afterwards utilizing should also be take into consideration. On the premise of lessor`s agreement, there is some room for the claim of unjust enrichment.The effective of tenancy contract serves a great function to balance the interest of lessee and lessor. In this context, it will discuss the expiry、advance disarmament and invalid of tenancy contract under the condition of lessor`s agreement and the decoration viewed as accession. It is ideal in practice that the right and obligation comes to an end because of expiry of contract. While for the advance disarmament of contract, the civil code abroad mostly introduces the concept of claiming a useful expense. To be more specific, the nature of useful expense is still unjust enrichment. But this right takes the priority for the special norm. Our country judicial interpretation clears the rule of adjudication for the advance disarmament of contract form the perspective of causes. However it is unfair to regulate based on the combination of the system of unjust enrichment、the system of liability for breach of contract、comparative negligence system.For the invalid contract, the judicial interpretation makes judge from causes while the proper rule should be from the perspective of lessor. It is more wise for the lessor have both the claim for liability for negligence in contract and unjust enrichment. The two claim could be use separately or simultaneously by the lessor. Both of them are credit debt, and can cancel each other out.There are five parts in this paper as follow:The first part discusses the owership of decoration material. On the premise of research on existing theoretical basis、legal norms domestically and legislation and cases abroad to introduce accession system briefly. Besides, the paper classifies the decoration material and tells the difference of accession successfully and not. According to this classification, it is easy to confirm the change of property right between lessor and lessee.The second part focuses on the effect and debt right. About this paper analysis the interest conflict between lessee and lessor under the condition of compositing accession or not based on the material classification.The third part revalue the influence of lessee`s attitude towards involved parties which cause the argument of unjust enrichment on its nature which plays a important role towards balance the parties. Besides,this paper also discusses some unique factors preventing the unjust enrichment.The fourth part demonstrates the possibility of compensation between lessee and lessor for some unique factors. The scope of this discussion within the agreement of lessee on decoration and already meet the provisions of accession. Combing with the existing justice interpretation, this paper trying to extract how irritation it is.On the premise of rational and logically analysis, the fifth part makes a conclusion.