Research On The Attribution Of Attachments In Housing Sublease Contracts

With the continuous development of the real estate market,housing leasing management methods are becoming more and more common.For the sake of pursuing interests or own needs,subleasing has become a common leasing method.Whether it is a commercial office building or a residence,the subleasing phenomenon is widespread.In addition,the commercial environment requires an excellent environment,and the pursuit of higher quality in life makes more and more decoration and investment in rental houses.Decoration and decoration also exist in the subletting.Some tenants perform subletting after decoration and decoration,and there are sub-letters who carry out decoration and decoration according to actual needs after lease.However,because the parties did not know or did not agree on the treatment of the decoration when they entered into the house lease contract,and the relevant laws and regulations lacked clear regulations,it is difficult to handle disputes caused by the ownership of the decoration in practice.Especially in the case where the sublease contract involves two legal relationships and the interests of the three parties,the dispute over the interests of decoration is more difficult to determine.This article analyzes the changes in property rights and creditor's rights caused by the decoration in the sublease contract based on the supplementary system and the improper profit system.The relevant system of dispute resolution was evaluated and discussed.In the case where the lessor agrees to sublet,and also agrees with the lessee to decorate the house,the issue of the ownership of the attachments and the balance of interests are discussed.First,this article introduces the basic concept,nature,legal characteristics,and rights and obligations between parties of the subletting system,the effect of the required subletting is discussed.Secondly,the classification and discussion are based on whether or not an attachment is formed in the decoration of the house,and the processing rules are also very different.As for the part that does not form a joint as an independent object,its ownership is not controversial;the part that forms a joint involves the system of attaching real rights and the system of improper profits of creditor's rights.In addition,it needs to be distinguished for different contract statuses.The relationship is more complicated.Therefore,the second part introduces the attachment system and analyzes the ownership of the attachments in the sublease contract.Finally,in order to equalize the interests of the appender who lost the movable property,under the restrictive sublease model in our country,explore the effect of the debt law of the owner of the house when he obtained the appendix,whether it constitutes an undue debt,and whether it is necessary to attach Compensation.It is concluded that in the case of subleasing or decoration without the consent of the lessor,according to existing laws and judicial interpretations;in the case of subleasing and decoration with the consent of the lessor,in the state of invalidity and termination of the contract,the lessee and the The lessee has the right to request the lessor to return the improper profits according to the improper profit system.