Research On The Rule Of Termination In House-leasing Contract

The completion of the lifting of house leasing contract is of far-reaching significance in effectively balancing the interest relationship between the lessor and the lessee,it can promoting the orderly growth of the housing leasing market.China's Contract Law sub-section only sets a few simple provisions on the release of the relationship between the housing lease contract,even if the reference to the general provisions of the contract is also lack of clear and specific operational.At the same time,in the judicial practice,commercial leasing is of value-related value,and residential leasing involves public interest and livelihood protection.There are considerable differences in the issue of contract termination,However,the current law in our country does not distinguish between the two.It is difficult for existing rules to effectively solve the problems related to the lifting of housing lease contracts.The article is based on judicial practice,starting from the particularity of the lifting of the housing lease contract and starting with problems found in judicial cases.To conduct a study on the determination of the conditions for lifting the housing lease contract,the establishment of a reasonable time limit for the termination of the contract,and the regulation of legal consequences after the contract is lifted.Differentiating the differences between the commercial lease and the residential lease on the cancellation of the contract,they tried to find a reasonable solution for the relevant issues and improved the rules for the release of the housing lease contract.In addition to the introduction,this article also includes the following sections:The first part,the trial of the lease of the house was lifted.In the search for a large number of cases related to the lifting of housing lease contracts in recent years,based on the analysis of sample data and specific cases.The author finds that the specific problems in practice are mainly reflected in the unclear setting and judgment of the conditions for the cancellation of the contract,the unclear identification of the relevant time limit in the cancellation,the determination of the breach of contract and the existence of disputes after the cancellation.And on these issues,there are a large number of differences in judicial decisions.The second part,the analysis of the conditions for the release of the housing lease contract.In the existing regulations,from the release of the statutory release condition of the house lease contract,the relevant provisions mainly stipulate that the sub-clause of theContract Law deals with the relevant content of the cancellation of the contract between the lessor and the lessee.Judging from the judicial practice and the article text,it is beneficial to the lessor,the lessor is more likely to exercise the statutory right to rescind the contract,and the lessee's conditions for rescinding the contract need to be higher.Judging from the conditions for the exercise of their arbitrary lifting rights,there are almost no restrictions,which can easily lead to the lessor's abuse of rights,thereby undermining the interests of the lessee.In general,the relevant provisions on the exercise of conditions are not conducive to the lessee's side.The third part,the procedure for the release of the housing lease contract.First,there is no specific stipulation on the timing of the lifting of the housing lease contract.Judicial practice has great differences and can be divided into four situations,The first three cases are all fulfilling the obligation of notification.The time to reach the other party is the time of release.In the fourth case,the direct appeal is lifted,and the time when the copy of the indictment is served on the other party is the time of release.Second,the determination of the“reasonable time limit” involved in the cancellation can be divided into the reasonable time limit specified in the lifting condition and the reasonable time limit during the exercise.In the lifting of the conditions,the author believes that the reasonable time limit for the statutory right to rescind can be determined as one month,and the reasonable time limit for the discretionary power of cancellation is determined as three months.In the exercise of the right of cancellation,it can be divided into commercial leasing and residential leasing.The leasing period of commercial leasing is generally longer and the aforementioned analogy rules can be applied,In the case of residential leases,unannounced cases can be shortened to six months.The fourth part,the legal effect of the lifting of the housing lease contract.After the dismissal,whether the contract has a retroactive effect on the interests of the lessee,If you blindly deny the retroactivity of the continuing contract,there will be unfairness in the damage to the interests of the lessee caused by the lessee's subject matter.Therefore,the retrospective force should be distinguished.In principle,there is no retroactivity,and exceptions are allowed at the same time.With regard to the consequences of the lifting,from the practical examples,The court first confirms whether the contract is lifted,returns the rented house,returns the deposit or deposit again,and finally awards the liquidated damages.The controversy over the reduction of liquidated damages is relatively large.Therefore,the reduction of liquidated damages for rented houses should first follow the principle ofautonomy of the will to reflect the penalties for breach of contract.In addition,it is necessary to distinguish how the liquidated damages are reduced based on commercial leasing and residential leasing.