Analysis Of Rent Settlement Disputes

With the increase in the rate of residential housing ownership and the diversification of transaction forms,new forms of debt settlement such as rent against debt emerged frequently.Because the current legal provisions are not very clear,judges in different places have different views on the type of contract for debt repayment by rent reached by the two parties,the relationship between the various debts involved,and the legal effects that will result from the application of the rule that a sale does not break a lease based on its rental nature.First of all,for the identification of the type of contract to which the rent for debt contract belongs and what kind of law is applicable.Although the rent for debt contract should be regarded as a mixed contract(ordinary creditor’s right and debt relationship)because of its mixed content,it is biased for the judge to deny the leasehold nature of the rent for debt agreement and then not apply the relevant laws.The legal application of mixed contract should follow the theory of analogy,and find the most suitable law according to the nature of each part.The lease part and the offset part in the rent for debt contract exist independently of each other.The existence of the offset content cannot deny its leasehold nature.Secondly,after signing the rent for debt contract,the relationship between new and old debts should be determined according to the real intention of the parties.If both parties make it clear that the new debt constitutes a substitute for the old debt,the old debt will no longer exist from the date of establishment of the contract.Finally,after clarifying the leasehold nature of the rent for debt agreement,it is necessary to apply the rule that the sale does not break the lease to protect the rights of the lessee.However,a unified judgment view should be formed on the scope of application and legal effect of the rules.The understanding of the term "possession period" mentioned in the article should not be limited to direct possession,and the interests of the lessee under indirect possession should also be protected.In addition,in the case that the contracting party has completed a one-time offset for the future rent interest in the debt repayment by rent,we can consider supporting the claim of the transferee requesting the original lessor to transfer the rent of the subject matter.Because the lessee has fulfilled the rent payment obligation agreed in the agreement,it can resist the rent request of the new owner.At the same time,based on the defects of the current lease right publicity system,we should consider supplementing the registration confrontation mode to the publicity form of long-term lease contract.