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The Cognizance Of The Character And Validity Of The Lease Contract

Posted on:2018-07-25Degree:MasterType:Thesis
Country:ChinaCandidate:L Y GuoFull Text:PDF
GTID:2336330515484667Subject:Law
Abstract/Summary:PDF Full Text Request
Lease market is part of the market economy,lease has a long history.The development of lease,for the active market economy,promote the circulation of materials to achieve the value of the use of a vital role.With the development of the economy,the development of the lease market has shown its strong vitality,and the lease area is more and more extensive.The provisions of the contract law has been unable to include the now complex social phenomenon.It is a very exploratory topic for the contract of the market in the social and economic life through the contract of sale and lease contract.The relevant provisions of the lease contract need to be further clarified to guide the practice of justice.Based on the case of equipment lease contract,this paper analyzes the case on the basis of summarizing the focus of the dispute.The article first defines the nature of the contract,on the aspects of the purpose of the contract,the lessor subject properties,rental,lease and rental property after the expiry of the contract definition,the relationship between lease contract and sales contract,compares and analyzes the reason that the case belongs to the lease contract.Secondly,it analyzes the validity of the lease contract and expounds that the effective condition does not have the invalid situation.Then,combined with the lease contract implied contract law system update analysis the theory of the legal nature of the lease after the expiration of period of analysis.At the end of the article,the author thinks about the lease contract in the form of sale and leaseback in combination with its theory and legislation,and thinks about the objection period and the specific stipulation in Article 236 of the Contract Law and puts forword understanding and recommendations.
Keywords/Search Tags:Lease contract, Validity, Implied update, Irregular
PDF Full Text Request
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