JianAn Corporation And HengTie Corporation Leasehold Contract Analysis

With the booming real estate market, rental housing industry has also been rapid development. Development of rental housing industry directly led to rental disputes increasing. The case is from reality rental disputes in this paper. This case involved four focus of controversy: the plaintiff subject qualification, the statute of limitations,validity of the contract and the judge's interpretation right. On the basis of theoretical knowledge, i stated my views of these four controversial. The author believes that:First, for the first lease contract the plaintiff is subject qualification, but for the second lease contract, as the contract is signed after the establishment of the company, so Yu Feng company is not subject qualification; Secondly, according to Article 55 of the provisions of the "contract law", I think thatthe plaintiffs exceeded the statute of limitations for the right of revocation; Third, I believe that the "rental agreement" is neither revocable contract not invalid contract, but a valid contract and has been fulfilled; and finally, I believe that the judge's interpretation exists improper. The judge use Elucidatory authority after the announcement of the judgment, but the lawsuit after change has occurs in the verdict, and the judge did not specify the limitation of evidence after plaintiff changing claims, the judge did not re-hearing legal cases but directly announced the verdict, the proceeding of this case are very flawed. By analyzing the case, I believe that the cause of rental disputes is Incomplete contract terms, powers and responsibilities of the parties is not clear. therefore, to reduce the lease dispute arises, the parties signed a lease contract should be cautious,and the terms of the contract should be as complete as possible, clearly the rights and obligations of both parties to reduce the incidence of disputes.