Research On The Problem Of The Law Of Not Breaking The Sale Of Lease

The law of not breaking the sale of lease is an age-old question, different people have different views. But with the development and change of society, more and more farmers come to the city, and settle down in the city. The rent is increase, and the situation come to complicated and diversified, only 26 words. Related legal interpretation is very less, and lack of operability. So the author thinks that it is necessary to pay attention to the law of not breaking the sale of lease, in order to solve complex problems in real life. Author selects the three controversial cases in the thesis. combine with relevant legal knowledge, sort out fuzzy problems in practice, offer advice to the practice, in order to better implement the spirit of the law and serve the people.The thesis consists of introduction, four chapters and conclusion: the interdiction tells the history of the law of not breaking the sale of lease, the significance and the purpose of thesis writing. Firstly the first case focuses on the lessor and the lessee to sign long-term contact, the leaser fails to deliver, focus of controversy is whether the case applicable the law of not breaking the sale of lease, and analyze the case related legal problems, profound analysis of constitutive requirements. Secondly, through the second case, analysis weather the assignee can following the contract termination right before the transfer, List the academic point of view, Combined with case analysis Legal relationship between the three parties. Then in the sub-contact, discuss in the lease termination of the contract, the cognizance of sub-contract effectiveness. Lastly focus on Legislative reflection and improvement, from the scope of the lease item, constitutive requirements and legal effect, in order to improve and advice.The conclusion summarizes the full text. With ask questions, analyze and solve problems the thinking of the layout, In case analysis to the knowledge of other relevant laws, expand the thinking to sublet, whether similar to lease the same rules apply in this paper, in combination with academic point of view and under the condition of existing law, look forward to practice to the best of the weak force.