Font Size: a A A

The Validity And Dispute Settlement Of Unauthorized Sublet Contract

Posted on:2018-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhaoFull Text:PDF
GTID:2416330572958422Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the expansion of the housing rental market,more and more disputes over the lease contract,the legal issues related to leasing emerge in an endless stream,such as the dispute over the sub contract is a typical problem.In the actual trial,there are different opinions on the validity and dispute of the sublet contract.If the judgment of the sublease contract is valid,if the judgment continues to be executed,if the judgment of the sublet contract is null and void,the contract before the termination of the contract is invalid and the compensation is lost.In these cases,in what circumstances should be recognized as valid sublease contract under what circumstances,should be recognized as invalid contract,the validity of the decision to deal with,how,in practice standards,different treatment.This paper on the effect analysis and sublease contract disputes involving processing,citing the case,from the angles of the theory and practice of comprehensive analysis,identification of unauthorized sublease behavior as the burden of behavior does not involve punishment,identification of unauthorized sublease contract is invalid is wrong,should be specific analysis in determining the validity of unauthorized subletting contract basis.Study on the case for unauthorized sublease the lassoer’s liability for breach of contract.To further deepen the judicial interpretation and discussion of the sublease contract follow-up related relief way and the referee suggested that the identification of unauthorized subletting contract effective at the same time to continue to perform the contract,rescission of contract and liability for breach of contract judgment,the lesser and the third person in good faith to protect the rights and interests of.For our country on the judicial interpretations of unauthorized subletting a clear explanation,the purpose of legislation,perfect applicable norms,promote the standardization and unification of the law applicable to the case,so as to improve the sublease contract in the law system and trial basis.
Keywords/Search Tags:Sublease contract, Contract valid, Liability for breach of contract, Judicial interpretation
PDF Full Text Request
Related items