The Lease Contract: Problems And Solutions

The lease contract is a contract with a more mature, more specific requirements in the "contract law", when a dispute occurs, the general can be resolved in accordance with the stipulations in the contract. But the development of the leasing market, make more new lease contract disputes emerge, the analysis for the demolition of the lease the lessee compensation problem is a typical model of dispute, the focus of controversy mainly lies in:first, the court on the trial should be applicable laws and regulations; second the lessee shall have legal status, how in such disputes; finally, in the lease contract dispute, according to the law to balance the interests of both parties of the dispute existing.The first part, starting from the two typical cases involving disputes, the comparison of different judgments of three levels of courts, leads to new problems in judicial practice caused by the demolition of the emergence of a series of lease contract dispute:whether the lessee has the right to directly assign the relocation compensation, the tenant in the lease should be after the demolition to compensation, the compensation for and why.The second part, according to the existing law theory, expounds the legislative changes to the lessee in the demolition of the legal relationship between the evolution of the role of the same:and all the people were taken to the lessee, no longer belong to the demolition, transformation of the role of law make it out of the demolition of the legal relationship. Secondly, through the analysis of the basic functions of the lessee, clear when the situation occurs, the lessee which interests have been damaged, the interests of the right to request compensation for what the legal nature.The third part, through the analysis of the first two parts, the first part of the case in the court of review and analysis, put forward ways to deal with new problems caused by the demolition of the lease contract:first of all, in the trial court should strictly distinguish between the legal relationship of the lease contract and the demolition compensation contract legal relationship, should not be borne by the lessee direct allocation of relocation compensation; secondly, in accordance with relevant laws and regulations or the agreement, the loss of measured and calculated; finally, the actual loss was advocated by the lessee, and shall bear the burden of proof.