Research On The Restriction Rules Of The Right To Termination Of House Lease Contracts

The system of contract termination is an important component of China’s contract law system.Lease contracts are one of the typical contracts stipulated in the Civil Code of China.Compared with other lease contracts,housing lease contracts have more special significance for people’s livelihood.It is necessary,legitimate,and feasible to restrict the right to terminate housing lease contracts.Firstly,renting a house for living is the first choice for a large number of rural population,college graduates and other economically disadvantaged groups,and is a necessary way to protect people’s basic housing rights.Secondly,the sources of contract effectiveness,strict adherence to the spirit of the contract,the principle of good faith,and the principle of non abuse of rights provide a legitimate basis for limiting the right to terminate.Finally,the principle of fairness theory and the trend of urban-rural integration in China provide feasibility for limiting the right to terminate housing lease contracts.At present,the right to terminate a housing lease contract is subject to internal limitations from the exercise subject and the exercise conditions,as well as external limitations such as the exercise procedure.However,the distribution of relevant rules is relatively scattered and has not achieved the expected effect.The relevant typical cases released by the Supreme Court and the Supreme Court have shown that there are the following problems in the restrictions on the right to terminate a housing lease contract: in terms of restrictive conditions,the determination of the applicable conditions for the right to terminate a housing lease contract is unclear;In terms of limiting the subject matter,there is controversy over the right of the defaulting party to terminate the lease agreement;On the issue of whether restrictions are necessary,the right to terminate a housing lease contract may be excessively exercised,and the scope of damages for the termination of a housing lease contract is unclear.Selecting Germany,the United Kingdom,and the United States as representatives,we will focus on studying and drawing inspiration from their restrictive rules such as the rule of just cause,the limitation of damages,and the principle of no retaliation.We will follow a certain goal orientation and adhere to the principles of legality and reasonableness,Starting from the two aspects of directly restricting the right to terminate a housing lease contract in terms of setting physical conditions and indirectly restricting the scope of compensation for damages,this paper provides suggestions and suggestions for improving the rule system for limiting the right to terminate a housing lease contract in China.Specifically,in terms of direct restrictions,establishing rules of just cause,excluding the right of the defaulting party to terminate,establishing the rule that ’minor breach’ does not automatically terminate the contract,and in terms of indirect restrictions,further measures are taken to limit the scope of compensation for damages.