Research On The Disputes Of Decoration And Decoration Of Rental Housing

With the rapid development of China's economy and society and the frequent flow of people from all over the country,the housing rental market is also developing rapidly year by year.The treatment of decoration and decoration in the rental contract becomes a key issue in the dispute of housing lease contract.After the promulgation of the interpretation of [2009] 11,to a certain extent,it makes up for the problem of incomplete legislation in the treatment of disputes in the decoration and decoration of rental housing,and promotes the settlement of such disputes.However,the provisions of the judicial interpretation need to be analyzed in solving some practical problems in the process of dispute resolution,and need to clarify its specific applicable rules.Combining with the problems in dealing with the decoration and decoration of leased houses in judicial cases,this paper mainly summarizes the following three problems: the ownership of the decoration and decoration of leased houses is not clear,the lessee requests the lessor to compensate the remnant value of decoration and decoration during the remaining lease period,and the lessee's determination of tort caused by the decoration and decoration of the leased houses.The specific rules of application are analyzed.As for the ambiguity of the ownership of the decoration and decoration of the rental house,the paper analyzes the problems by using the rules of attachment in the addition payment,and further distinguishes the two types of decoration and decoration that the Lessee agrees with and without the consent of the lessor.On the basis of the lessor's claim to compensate the lessee for the remnant value of decoration and decoration during the remaining lease period,this paper analyzes and discusses the relevant typical judicial cases and the principle of unjust enrichment in civil law,first clarifies the basis for the lessee to exercise the claim for unjust enrichment,and further expounds the specific claim for unjust enrichment when the lease contract is terminated.Exercise the problem.Concerning the determination of the infringement caused by the lessee's unauthorized decoration of the leased house,this paper analyzes the applicable principle of liability fixation,the constitution of the lessee's infringement and how the lessor exercises the right of claim in combination with the principles of tort law.