The Antagonistic Effect Of House Lease Right

In order to protect the right of residence of the lessee,the law of our country stipulates that the leasehold of the house enjoyed by the lessee has antagonistic effect when it meets certain conditions.It is embodied in Article 229 th of contract Law: if the title of the lease item changes during the lease period,it will not affect the validity of the lease contract.But there are no conditions for its application,In practice,the parties of the lease contract often take advantage of the legal loophole to sign a false lease contract to circumvent the execution of the court or damage the buyer's interests by changing the time of the conclusion of the lease contract.The restrictive conditions for the application of this principle are stipulated,but there are still different standards of application in each court case.This will inevitably make the relevant obligee unable to act in advance to meet the standards of judicial application,which will not only lead to disputes.And to the right of the production or life of a great impact.There are two main problems involved in the dispute case of housing lease contract between Hu Zhitao and Minggui: the validity judgment of lease contract and the limitation and application condition of the principle of "buying and selling unbroken lease".It fully reflects the problems that need to be solved in the judicial practice of our country to deal with the disputes of this kind of cases.There is also a special point in this case that the rent of the lease contract is paid by way of rent-for-debt.Because it is different from the traditional rental payment method,the third party often thinks that the parties to this kind of lease contract do not have the real intention to conclude the lease contract.And from the theoretical and judicial aspects of the case involved in the relevant legal issues to be discussed,The author hopes that his research can provide some help for the judicial practice in resolving this kind of disputes.This paper mainly includes three parts.The first part briefly introduces the facts of the dispute between Hu Zhitao and Minggui,summarizes the two focal points of the dispute,and determines the scope of discussion.The second part is the legal analysis of the case,with the dispute as the core,and other issues that help to resolve the dispute in this case.The discussion questions caused by the point of dispute are as follows: combining with the case study,the author analyzes whether the parties to the lease contract in this case have the realintention to conclude the lease contract,and the effectiveness of the lease contract in this case;The discussion caused by the dispute point two is: the necessity of limiting the applicable conditions stipulated by the principle of "buying and selling not breaking lease" and what kind of restrictive conditions should be adopted by the principle of "buying and selling unbroken lease" in our country.The third part is based on the legal analysis above to evaluate the judgment of the court in this case and draw the reasonable decision of the case as well as the research inspiration from this case.