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The Research on House Subleases System

Author: ChenJu
Tutor: HuangJun
School: Central South University for Nationalities
Course: Legal
Keywords: Sublease Registration Rent Deposit The Right of Preemption
CLC: D923.6
Type: Master's thesis
Year: 2012
Downloads: 84
Quote: 1
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Abstract


For we that a large number of graduates borned, after1980s, when we go out of theivory tower, the first thing is having a building to live in. Along with the economic andsocial development, and house prices are sharply climbed, rent has become theinevitable tendency. In this big tendency, the disputes in the houses tenancy is greatlyincreasing, and a various of problems that we discusses are continuous increasing, andbuilding sublease system may be an important part of discussions. Because our countrylegislation about building sublease laws and regulations is not perfect, the processing ofreality disputes lack of handles ability. This paper will focus on building subleaserelevant legal issues to discuss based on the problem, On the analysis of model buildingsublease of the premise, to clarify building sublease of registration system effectivenessand building sublease three parties in the rights and duties in the relationship betweenthe parties, and puts forward the relevant laws and regulations to perfect our advice, inorder to better adapt to the needs of social practice.This research is divided into four parts, the first part is order of the article ofbuilding sublease system, and the paper emphatically introduces the concept andclassification of house sublease system. As for its classification, it tells order of wordsbetween lawful sublease and illegal sublease, sublet part and all to sublet.The second part is about the legislative mode of house sublease system both athome and abroad. There are three legislative models due to different countrieslegislation, formed Laissez-faire, limit socialist, difference of socialism. The authorillustrate the rational places and weaknesses of them using the method of comparison,who think our country adopt a more middle legislative model in the building releaselegislation at present, in fact, it is suitable to China’s national conditions to give right tothe lessees who are free to sublet limit under the table of limit socialist.The third part is mainly refers to the impact of the debate on the building subleasecontract whether it is effective or not. Is it effective without the lesson’s consent? Is iteffective without the registration for the record of the contract? The author thinks thatthe sublease contract is effective when they meet the general conditions of the contractand other laws both of the cases. This part also analysis’s the shortcomings of thelegislation sublet system in China. Despite the law provides for a lease contract the registration system, however, not reflects in the sublease contract, and registrationsystem not refers to the influence of building sublease contract and lease contracteffectiveness and so on.The fourth part is the last chapter, which are about the rights parties of buildingsublease contract. This part analysis the right protection of three of the parties inbuilding subleases system. This paper introduces the right of the lessee’s preferentialbuy, the lease sale system; the research of sub-lessee has the right of subrogation pay offand legal cancellation right, as well as the protection of the right of less or’s enjoyment.This paper suggests our country should be put forward clear regulations about the timelimit of the less or’s termination in the legislation, and makes it clear that the lessee andsub-lessee possess the right of preemption in the legal case etc.

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CLC: > Political, legal > Legal > Chinese law > China and France > Contract Law
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