Study On The Protection Of Three Parties' Rights And Interests In Housing Sublease Contract

At the moment when a large number of disputes arise due to house sublease,this article focuses on the three parties in the house sublease relationship:the lessor,the lessee and the sub-tenant,by analyzing the relevant provisions of the current laws and regulations on the house sublease system,pointing out the relevant Insufficient regulations and lack of operability,suggestions and suggestions for improving the house sublease system are provided to provide legal protection for the regulation of house sublease.The paper is divided into seven chapters.The first chapter exemplifies two cases and three cases involving the triads'rights and conflicts in the house sublease contract,which shows that the three parties in the house sublease restrict each other and the interests are intertwined.It is necessary to clarify the rights and obligations of the three parties.The relationship gives the three parties a full and equal legal guarantee.The second chapter introduces the relevant theories about house sublease,including the concept of sublease,the multi-level structural characteristics of sublease,the classification of sublease and the different legislative model structures of different countries.The following are the problems in the sublease contract.Suggestions and suggestions provide basic theoretical basis.The third chapter to the seventh chapter classify and sort out the five types of problems arising in the sub-lease contract and give advice on the protection of the rights and interests of the three parties in the contract.The third chapter discusses the issue of the unauthorized transfer of sub-leasing to the contract.While giving the conclusion that the validity of the sublease contract should be recognized,it is proposed that the lessee's subletting behavior should be treated differently from the sublease lease contract,and the lessor's consent right does not affect the validity of the sublease contract and the original housing lease contract does not affect Specific comments on the effectiveness of the sublease lease contract.The fourth chapter discusses whether the sub-tenant in the sub-lease contract applies the issue of"buy and sell without breaking the lease".It is concluded that when the transferee of the house is the lessee or sub-tenant,the“buy-and-sell”rule is not applied,but the transferee does not eliminate the sub-lease relationship when the transferee is a third person other than the lessee and the sub-tenant.The fifth chapter discusses the issue of whether the sub-tenant has the right of first refusal when the ownership of the house changes.According to the tenant's pre-emptive rights system,it is demonstrated that the sub-tenant also applies the system and the purchase order takes precedence over the lessee's point of view.However,in the complicated case involving partial sub-lease and multiple sub-lease,it is necessary to divide the property rights according to the leased house.The actual leased area of the sub-tenant is used to determine the order of priority purchase.The sixth chapter discusses the dissolution of the original house lease contract and the protection of the three parties'rights and interests.It is recommended to establish the sub-tenant's right of dissent,and discuss the theoretical basis and exercise mode of the right.The seventh chapter gives advice and suggestions on perfecting the housing sublease registration filing system,standardizing the transfer fees in the house sublease and standardizing the trial ideas of the sublease contract case,and gives the means and judicial measures for the protection of the three parties'rights and interests in the house sublease contract.