Research On The Lease Item Maintenance Obligations

Lease contract is common in people’s lives,which is one of the types of property contract,by the type of the lease item type,there are personal property leasing and real estate leasing.This paper discusses the house lease belong to the real estate leasing. In the lease contract,the lessor of the lease item,should ensure the lease item meet the requirements of the state of contract,namely,the lessor of the lease item have the duty to bear maintenance obligations. Maintenance obligations,but also can call repair obligations,namely,during the lease contract term,if there is damage to the lease item or the third person of sabotage to the lease item,which cause the lessee can’t enjoy of the income or the use of lease item,the lessor of the lease item shall have the duty to undertake maintenance obligations,in order to make the lessee can enjoy the right to the use of the lease item for reasons in according to the stipulations of the contract.Our country’s contract law article 220,among the article,in addition to the contract,the maintenance obligations bear by the lessor,which reflects in the spirit of autonomy of civil law,the maintenance obligations should not be imposed on lessor, the obligation of maintenance should respect the meaning of the parties.In Chinese Taiwan’s civil law,The German civil law and Japanese civil law,the obligations of maintenance rules are arbitrary rules.Therefore,the rules of the lessor’s maintenance obligations in the civil law are not mandatory provision.So,First of all,this article obtains from the perspective of the lease contract and related knowledge,then discusses the nature of the lease contract,what is the maintenance obligations and what’s the status of the maintenance obligations in the lease contract.On the existing research results,combined with the examples in the judicial affairs in our country,then I analyzed the problem of how to undertake the obligations of maintenance to the lessor,summarized the effective elements that can start the maintenance obligations,the elements have four:the necessity of the maintenance of the lease item for maintenance obligations,the possibility of repair of the lease item for maintenance obligations,the damage of the lease item cannot be attributable to the lessee,and lessee not contrary to obligation of inform,at the same time,the effective elements of the obligation of inform and its violation of consequences are analyzed.The four effective elements can not be lacked,otherwise, short of one,the lessor don’t need to assume responsibility of maintenance obligations.At the end,I analyzed the legal effect of the violation of the lease item maintenance obligations.The authors hope that the research of the maintenance obligation can provide reference for the reasonable application of the practice in our country.