Research On The Validity Of The Unauthorized Sublease Contract

The unauthorized sublease is the behavior that the lessee sublease all or part of the lease to a third party without the consent of the lessor.The number of civil litigation caused by the unauthorized sublease increased.However the social effect of the relevant judicial adjudication is not ideal.The biggest problem is that there are different opinions on the judicial decision on the the validity of unauthorized sublease contract identification.However the theory for the validity of unauthorized sublease contract identification did not bring real benefits,especially to balance the interests of the lessor,the lessee and the sublessee,to stabilize housing rental market,and to "make the best use of justice".The possession and use of the sublet housing rights of the bona fide sublessee cannot be guaranteed.Judicial cases were purposively to protect the property static security interests of real estate owners,but did not establish the corresponding judicial remedy to protect the interests for dynamic transaction parties in real estate lease,especially for the bona fide sublessee.In the judicial decision of the sublease disputes,the interests of the lessor,the lessee and the sublessee are imbalanced.This artical is aimed at the above problem to discuss:Capter 1: Through the observation and the study in the theory and practice about the validity of unauthorized sublease identification inChina,the legislation and judicature of our country cannot evenly protect the interests of the lessor,the lessee and the sublessee in the present stage,regarding to the choice on the validity of unauthorized sublease.Capter 2: Through the study in the domestic and foreign legislative model about the validity of the unauthorized sublease contract,find the way that our legislation and judicature can learn from.Capter 3: Based on the above analysis,put forward some suggestions on the selection and construction of the model about the validity of the unauthorized sublease contract.