Research On The Identification Of The Identity Of The Lease Contract

By adopting Article 190 of the Property Law of the People's Republic of China(hereinafter referred to as the "Property Right Law")and Article 229 of the "Contract Law of the People's Republic of China"(hereinafter referred to as the "Contract Law"),the rule of "non-breaking lease for sale" has been established in our civil law system.The purpose of this rule is to have a legal effect of reasonably protecting the interests of lessees by restricting the priority of real rights in leases over mortgages or sales.However,when applying this rule in practice,there are still some disputes due to the imperfection of the legal system of leasing in China.There are some types of legal problems: when the parties sign multiple lease contracts continuously,the identity of multiple contracts cannot be obtained It is determined that the mortgage right established during the entire lease period is deemed to have priority over the lease right,which results in the mortgagee realizing the mortgage right and infringing the interests of the lessee.When the lessee establishes a more stable lease relationship with the lessor by renewing the lease contract multiple times,the realization of the mortgage right established by the lessor during the lease period can easily break the originally stable lease relationship.This is for the lessee It is undoubtedly difficult to accept,and under this situation,stable lease relationships are also difficult to maintain,lessees cannot obtain more stable lease rights,and the lease market cannot be further regulated.By analyzing multiple cases,it can be seen that there are serious cases of different judgments in the same case related to the issue of identity.The reason for this phenomenon is the lack of a legal system for leasing and the value orientation of not paying attention to protecting the interests of lessees.The lack of the legal system of leasing makes judges unable to rely on such cases,and can only use discretion in accordance with legal principles.However,because there is no clear legal interpretation,the judge's discretion is too large.And because different judges have different understandings of protecting lessees,in the end,the judgment results of multiple cases are too different.In order to avoid the adverse impact of different judgments in the same case on the fairness of the rule of law,the law should be interpreted as soon as possible,and within the existing legal framework,the interests of the lessees should be protected as much as possible.The legal interpretation should start from Article 229 of the Contract Law,and clarify the "leasing period" stipulated in the law.The root cause of the problem of identity is that the lease period formed by successively signing a lease contract cannot be considered a complete lease period in the absence of renewal and periodic lease systems,this determination is unreasonable.At the same time,the criteria for identity identification should be comprehensively established from multiple perspectives.Since 2017,concepts such as hire-purchase merger,lease-sale equal rights,etc.have been written into regulatory documents,which represents a trend of vigorously developing the leasing market,and stable lease relationships are essential elements for a mature leasing market.Therefore,although the issue of the identity of lease contracts is not currently occurring,it is still an urgent issue.On the basis of legal interpretation,a systematic housing lease system should also be established.In practice,due to the greater impact on the stability of lease rights,more attention should be paid to the protection of long-term renters and commercial tenants' renewal rights.