Study On The Applicable Conditions Of "Kauf Bricht Nicht Miete" For Buildings

The principle of "Kauf bricht nicht Miete" has a long history,strictly speaking,in fact,the sale of ownership and other changes does not affect the original lease contract in the buyer and the tenant,but it breaks the real right and the strict boundaries of debt,and it gives people's right to lease the special protection of the real right.But in the course of the development of a hundred years,the academic community repeatedly discusses it.Article 229 of the Chinese Contract Law establishes the principle of "Kauf bricht nicht Miete",but since the formulation of the law is too concise,the relevant applicable conditions,scope of application and legal effect have become the focus of discussion.With the development of social economy,China's real estate market continues to bullish,housing prices continue to rise.Followed by housing leasing and housing transactions and other changes in the legal disputes between The law is also increasing."Contract Law" 229 of the simple statement has become increasingly unable to adapt to the requirements of judicial practice.Therefore,this paper starts from the realistic dilemma of sales not devastating lease for buildings,and through the discussion of the two views in the judicial practice,and then analyzes the applicable conditions of the sale and sale of the rules.Finally,the improvement of the housing leasing registration system to achieve the purpose of strengthening the publicity of the right to lease the premises and the "Contract Law" 229 amendments to the principle of "Kauf bricht nicht Miete"to play a greater effect.