The Analyze Of House Occupying Fee

With the accelerated process of urbanization,there are more and more urban population,followed by one of the consequences is rising house prices.But the higher prices are not all the city people can afford to come,so the lease system came into being.The single lease relationship has been unable to meet the market needs and sub-leased phenomenon is becoming more and more popular,which derived from the problems also emerge in an endless stream,and these issues are numerous and diverse,the most popular is a sublease priority purchase right and the principle of “sales cannot break lease”.In this paper,the problem of housing use fee is not a hot issue in the theoretical study,but in practice,the housing use fee is a controversial topic,and there is no more unified conclusion.Therefore,in this paper,the author summarizes the main points of practice and strive to get a comprehensive and reasonable conclusion.This paper is mainly to discuss the problem of the use of the sub tenant housing payment,in the case of expired sublease,the most concentrated in the judicial practice of housing use fees is who the house occupying fee shall be paid to and the standard.On the issue of the object of housing use fee payment,the sub-lessee can choose to pay to the lessor,or to the lessee.If paid to the lessor(the owner of the house),this is entirely legitimate and reasonable,then the biggest controversy is the housing payment standards according to the lease contract or sublease contract.In general sense,the rent contract is below the sub tenant contract rent,if according to the lease contract rent will lead to a lower price of using the house while the sub contract is null and void,this is undoubtedly not reasonable.Another way is the sub-lessee pay to the lessee,but the rent contract has expired,the lessee has no right to the house.At this point,if the lessee still been paid in accordance with the sublease contract rent,will it be unjust enrichment? And the existing judicial interpretation has clearly defined that "the exceed part of the agreement is invalid",if the rent still be delivered to the lessee,is there a violation of judicial interpretation.This paper is divided into four parts,the first part is mainly to introduce some similar judicial cases,this paper mainly selects four representative case.Case one didn't concern about expired sublease,this case is as a contract and foundation.Case two and three mainly elaborated about unjust enrichment and restoration.Case four states the compensatory issue.First of all,it will analyze the focus of the case and the dispute,and then analyze the ideas and principles of the judgments.The second part is the introduction of the system in the first part of the case and the relevant provisions of the practice of foreign countries,mainly the sub tenant system,the principle of unjust enrichment and the coincidence of civil liability.The author mainly chooses the legal provisions and the relevant provisions of Germany in the civil law system as well as the relevantprovisions to make a general introduction.The principle of unjust enrichment focuses on the theory of the civil law scholar Wang Zejian in Taiwan.The theory of Professor Wang Zejian is similar to the theory of German,and it also has a significant reference to the mainland of China.There are still many differences in the theory of civil liability coincidence in academic circles.In this paper,the mainstream theory is briefly introduced,which lays the foundation for the content of the third part.The third part is the key of this paper,mainly based on the principle of the second part of the case analysis and main issues.The first is the housing payment standard,in line with the principle of fairness and justice,and the principle of the sub tenant system,the author argues that the housing occupying fee should be charged according to market rent.Followed by the lessee overdue sublet constitute unjust enrichment,combined with the principle of Professor Wang ZeJian,extended sublease property of others,constituting unjust enrichment.As to the return of the sub-lessee's housing occupying fees,according to the principle of the concurrence of civil liability,can choose a choice,the court should respect the choice of the parties.The fourth part is the conclusion,the advantages and disadvantages of the overall comparison of various methods,and finally come to the best method of improvement and practice mode.For the occupying of housing fees standard,the author introduces the rent system in Germany,although complete copy is not possible,but draw its essence is very necessary;extended sublet is mainly in the lessee and their subjective malice can not be ignored,thus limiting the lessee's profit and there should be to punitive measures.Then should improve the housing rental registration system.