Leaser's Flaw Warranty Liability

With the rapid development of social economy, the lease contract plays an increasingly important role, not only migrant workers and peasants need to rent housing to live in, also companies need to rent housing and equipment to regulate the remaining and insufficient things and so on.The leasing is gradually becoming a part of our daily life. In China, the provisions of the flaw warranty liability in the lease contract are not perfect, resulting that it is not thoughtful to protect the tenant rights, even the judicial judging is chaotic. This paper tries to study about the leaser's flaw warranty liability,and strive to explore the Improvement of our law rules. This paper is divided into five specific parts.In the first part, it leads to the main issues to be studied mainly through two typical cases. Firstly, it leads to a series of issues needed to be discussed by the first rental contract dispute, about the constituent elements of flaw warranty liability related to article, about the reasons leading to the flaws of leasehold, exploring the relationship between it and the responsibilities, defects identified and the relation between the obligation of maintenance and flaw warranty liability.Secondly, it explains the concept and identification of flaw warranty liability through the second lease contract, it finds the difference between the flaw warranty of right and the flaw warranty of article and so on.In the second part, it summarizes the warranty liability of defect in the lease contract. In order to have a good study of the regulations of flaw warranty liability in the lease contract,we should get down to solve the questions about the definition of basic concept and making the related concepts clear. This section introduces the concept and features of flaw warranty liability in the lease contract, and then analyzes the main types related to it,explaining its nature on this basis; To solve the difficult problems about the legal application, the author also summarizes the general rules of flaw warranty liability in the lease contract applying to the laws which are stipulated in the current law, paving for the discussion below. Finally, we make a comparison between the system of flaw warranty liability and the meanings related to it.In the third part,it introduces the flaw warranty liability of article in the lease contract. The flaw warranty liability of article matters most in the lease contract, if the leasehold itself has defects, it can not be used, how it can be rented. This section introduces the five constituent elements of the flaw warranty liability of article. The three specific issues matter in the flaw warranty liability of article. Firstly, the lessees have the special right to terminate the contract; Secondly, whether it belongs to the flaw warranty liability to keep the leasehold suitable to be rented; Thirdly, it tells about the relationship between the flaw warranty liability and the obligation of maintenance. After the introduction of them, it makes an analysis of the effectiveness about leasers' flaw warranty liability in the lease contract.In the fourth part, it introduces the flaw warranty liability of right in the lease contract. To ensure that the leasehold doesn't have the flaw of right, it's the premise to use the leasehold and make money from it by lessee. The flaw warranty liability of right involves the constituent elements of the leasehold's flaw warranty liability of right. the legal consequences of the flaw warranty liability of right, and the discussion between the flaw warranty liability of right and illegal sublease. In the constituent elements,it mainly focuses on the kinds of the defect of right. Although the other constituent elements vary from each other, this isn't the most typical difference, mainly including the questions about the burden of the exist ownership with the burden of other property's right.In the fifth part, it introduces the perfection of legal system about leaser's defect liability. Mainly from two aspects, we can perfect Leaser's flaw warranty liability system. one is to adapt to long-term needs through the perfection of legislation, and the other is the perfection of judicial explanation to adapt to the needs when the laws haven't been amended.It mainly relates to constituent elements, the application of statutory rules about flaw warranty liability, the application of legal effect and other aspects.