房屋转租效力问题分析-法律·民商法专业论文.docxVIP

Abstract Sublease on a rental basis, means the lessee does not withdraw from the lease relationship back all or part of the leased property leased to a third party (the lessee), for its use, the proceeds for that purpose. Rapid economic development in the market today, sublet increasingly becoming an important way to the rental market, optimal allocation of resources at the same time, a variety of problems and disputes hand in hand. In the adjustment process of the modern national legal precedent on the sublease behavior, liberalism, limiting doctrine and the distinction between legislative model. The main basis of our existing laws sublease behavior specification for the provisions of section 224 of the Contract Law, the mining restrictionism legislative model. 2009, Chinas Supreme Peoples Court issued the interpretation of a number of issues on the trial of the specific application of the law of urban housing lease contract disputes, further clarify the sublet system, sublet the absence of the system is still difficult to meet the judicial practice to solve numerous caught up in case of need. Combined with local policies and the quality of judges, business to different levels of operation of trial practice there are many problems Cheng to be resolved. The start from the sublease of the relevant system, the concept of rent lease, this relationship of the characteristics discussed the nature of the rental right to sublet the effectiveness of the claims for rental right, the property rights and property rights, said to be done a brief introduction, and inspired by the theory of property rights and claims, from the promotion of the transaction to protect the safety point of view of transaction concluded, certainly leasing the right to claim said; Second, the paper give the right to sublease and lease, lease Right Transfer Analysis of related concepts, and strengthen the definition of the sublease legal acts, combined with the current laws in most countries, the restr