Perfect For Buying And Selling Unbroken Lease Rules

In the context of rapid social and economic development,economic exchanges between market entities are becoming more frequent.In order to protect the interests of disadvantaged tenants,maintain transaction stability and normal economic order,and safeguard social fairness and freedom of contract.The "buying and selling unbroken lease rules" system came into being.In the 1980s,China gradually explored the establishment of a socialist market economic system and promoted the legal system.In Article 229 of the Contract Law of the People's Republic of China(hereinafter referred to as the "Contract Law"),the "Guarantee Law of the People's Republic of China"(hereinafter referred to as " In the Law of Guarantees and in the judicial interpretation,there are relevant regulations on how to apply the "buy and sell without breaking the lease" rule,which has been continuously confirmed and deepened by the legislative organs of our country.This not only establishes the rules of conduct for ownership during the lease period,but also plays a pivotal role in safeguarding the country's basic economic system,maintaining the market economic order,exerting the utility of the leased property,and protecting the interests of the right holder.However,the existence of a legal system from scratch,from imperfection to perfection is closely related to the historical era in which it was located.Therefore,since its emergence,the theory has caused great controversy in both theoretical and practical circles.With the continuous development of society and economy,as well as changes in the judicial system,trial methods and law enforcement environment,China's legal provisions on the system are simple and vague,and it is easy to cause ambiguity in interpretation.The defects of unified operational norms in judicial practice gradually emerge.And showed a certain lag.Therefore,this paper believes that it is necessary to deeply interpret,reconstruct and improve the system,and hope that the rule can play its due role in society.Through the interpretation of the rule of“buy and sell without breaking the lease ",the paper briefly introduces the concept of the rule,introduces the historical origin of the rule,explains the constitutional conditions of the rule,determines the legal nature of the rule,and deeply analyzes the significance of formulating the rule,and compares The domestic and international legislative practice on the rule,I believe that China's existing rules on "buy and sell without breaking the lease" have the following problems:First,the legal nature of the lease right is not clearly defined,and when the ownership changes,the different understanding of the nature of the lease right,The law will first consider which issue;secondly,the scope of the lease item in the "buy and sell without breaking lease" rule is not clearly defined.The term "rental item" is used in Article 229 of the Contract Law.Does it mean that both movable and immovable property can be applied?Rules;again,the method of publicity does not explain that,in order to protect the security of transactions and protect the interests of the lessee and the buyer,the choice of the method of publicizing the lease relationship is significant for the application of"buy and sell without breaking the lease";The quasi-use rule stipulates whether only "sales and purchases" will not break the lease,and when other property rights are set,No application of the rules,or whether all through the "property" of the debt may subsequently set against the property for "do not break the lease sale" rule,our country did not explicitly clear.On this basis,this paper believes that the“buy and sell without lease"rule should be reconstructed on the existing structure.The first thing to do is to expand the scope of application of "buy and sell without breaking the lease".The first is the expansion of the object.Article 229 of the Contract Law summarizes the scope of application of the rule with the term "lease".Can we consider that both the movable and immovable property can apply the rule?Whether the movable property can apply the rule,expounds the different viewpoints in the academic circle and the feasibility and necessity of applying the rule to the movable property;the second is the expansion of the content.For the legal nature of the lease right,it is said that it is a lease that will belong to the scope of the creditor's rights.The right to "property rights" is protected,then whether the right to"debt property rights" can be applied to "buy and sell without breaking the lease",this article uses the notice registration as an example to demonstrate;the third is when the lessor sets up other things on the lease At the time of the right,can we apply the argument that "buy and sell does not break the lease".However,based on the balance between transaction security and individual interests,in order to protect the legal rights of the lessor,the lessee and the buyer,it is necessary to impose restrictions when applying the rule.The paper mainly describes the application of restrictions on the possession of real estate,movable property and differentiation.Finally,on the basis of reconstruction,this paper rethinks and proposes Article 229 of the Contract Law.By summarizing the viewpoints elaborated in the article,it puts forward reasonable suggestions for improving the rules of“buying and selling without breaking the lease" in the future.