| Housing leasing is an important part of the real estate market,which is of great significance to activate the housing stock and optimize the allocation of real estate resources.However,the life span of buildings is far greater than the adjustment and change of laws and regulations.Even though the fire protection law has been promulgated for more than 20 years,there are still a large number of buildings without fire control acceptance in reality.Because of the rapid rising trend of disputes over housing lease contracts without fire control acceptance,the application of laws in this type of cases has puzzled courts at all levels.For example,only by virtue of the subject matter of lease contracts without fire control acceptance Judging whether a contract is valid or not,without judicial review of the specific situation,often leads to wrong judgment."Mr Ni v.Jinan high-tech industrial park development company case" is exactly the dispute caused by the lease house without fire control acceptance.The focus of the dispute in this case is how to determine the validity of the house lease contract without fire control acceptance when the house is completed.When identifying the effectiveness of fire control acceptance,attention should be paid to the difference between fire control acceptance and pre-opening fire safety inspection.Referring to the completion time of buildings,whether the design and construction of buildings meet the fire control technical standards,it can not be simply considered that they cannot be used without fire control acceptance.When determining the validity of a lease contract,it should refer to the time and amount of signing the contract,the subjective goodwill of both parties,the identity at the time of signing the contract,and the legal provisions at that time.In case of failure to perform the contract,the lessor’s main losses are: the rent in arrears,the rent loss during the vacancy period and reasonable expenses such as intermediary fee,etc.;the lessee’s main losses are: the predictable daily operation loss,and in the case of later reconstruction and expansion project completed by the lessee,the residual value of the attached decoration shall also be included.The loss of the above two parties shall be determined according to the claims of the parties and the specific circumstances.The Supreme People’s court tried to unify the applicable standards of the rule of legal competence through the "mandatory provisions of validity" established by judicial interpretation,but there were some disputes in practice.Combined with the legislative dynamics of the civil code,in the future,the judges will be given greater discretion in the issue of the rule of law,which requires that the case should pay more attention to the internal relationship between the mandatory legal provisions and the effectiveness of civil legal acts.The judge should analyze the case more than apply the law mechanically,give full play to the subjective initiative,analyze the specific situation,and finally realize the unity of private autonomy and public interest. |
