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Study On The Problems Of Compensation For The Damages Of Tenant

Posted on:2017-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:L G WeiFull Text:PDF
GTID:2296330488456640Subject:Law
Abstract/Summary:PDF Full Text Request
As an important concept in China’s civil law,although China’s "Contract Law" and "urban rental contract judicial interpretation" both were clearly defined the right,especially the "Supreme People’s Court on the trial of urban housing lease contract disputes a number of issues specific application of the interpretation of the law" article 21 gives the lessee has the right to recover damages when its right is damaged from the point of view of judicial interpretation,but it is just one kind of confirm for that right.As for the problems of damages that is very important for lessee,only makes a explanation from general.too principle.For example,for the type of behavior that damage the lessee’s right only clear a kind of behavior that lessor fails to notify the lessee when he to sell the houses within a reasonable period.For the problems,the nature of the damage liability,calculation standard of damage compensation etc,there is nothing to involve.Therefore,it produces a lot of confusions that difficult to overcome when the legal institutions is applied by judges, resulting in continuous disputes in judicial practice.The preset function of the system is extremely limited,it is difficult to realize the legislative purpose of the legal institution.,even a bizarre phenomenon that common case of different judgments is appeared.Based on the above-mentioned problems, the main purpose of writing this article is for the tenant of preemptive right is infringed provides a feasible way of relief, to realize the original intention of the system, to protect the legitimate rights and interests of the lessee.On the nature of the right of preemption of the lessee,This article separately from the Supreme People’s court’s explanation of the housing tenant right, the nature of the right and its effectiveness and so on, then analysis the reasons of the reasons and legal principle of the determination of the creditor’s rights.On the behavior of housing tenant preemption,In this paper, "the judicial interpretation of the urban housing lease contract" twenty-first and the legal theory as the basis, summed up what several preemption against the tenant’s behavior:the lessor fails to notify the lessee、malicious lessor raise "the same conditions"、 third people against the housing tenant right of first refusal、 the lessor shall transfer the ownership of the house to the third party without authorization after the performance of the notice.Meanwhile, provide a brief description of the type of behavior analysis under special circumstances does not constitute an infringement.On the calculation of the amount of damages, this paper mainly on the legal practice of multiple housing price differences and other collateral damage to be analyzed and studied.
Keywords/Search Tags:compensation for damages, creditor’s rights, behavior definition, standard for compensation
PDF Full Text Request
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