Analysis On The Dual Hire From The Perspective Of The Publicity System Leasehold

The dispute of the lease contract is one of the most common disputes in judicial Practice. At present, with the rents rising, the lessor often signed lease contract with different tenants in order to obtain greater benefits, which causes a lot of dual contract disputes. For this case, justice in our country has not yet formed a unified approach to fulfill this kind of the lease contract. Some of the High Court has unveiled a number of provisions, but it still no unified approach. The writer in this paper summarizes the provisions around the High Court of Justice in advance, points out the major problems in the case of one thing two rents, and then discusses the nature of tenancy and shows the way of publicity against the way of lease, finally comes to the conclusion.This paper is divided into four parts.In the first part, the writer puts forward the dual hire problem based on the two cases, and then reorganizes provisions on a dual hire problem from the High Court. As can be seen, in the case of a dual hire, differences still exist on how to determine the contract performance order around the High Court. The core question is what kind of publicity rental right approach should be taken, if there is no publication mode, the third party can not know whether the house is leased.In the second part, the writer tries to discuss the nature of tenancy rights. Currently, there are three main theories about it: creditor's right, real right and lease right's changing of real right. Based on comparative analysis of these three theories, the writer draws the conclusions and approves the view of lease right's changing of real right. Although the leasehold has the nature of the real right, however, it still is the claims by nature.In the third part, the writer analyzes the current registration of rental housing system of our country through discussing the provisions on the public system of foreign countries, and analyzes the current registration of rental housing system in our country. Based on the status of our country, the writer proposes that our country should select the possession of means of publicity. However, with the social and economic development, our country chooses to lease the right of legislation on the property register and the registration method is its publicity.In the fourth part, the writer discusses four problems as follow: the case of a dual hire, the effect of the lease contract, the problem of order to fulfill, and the protection of a third person.According to the analysis above, the writer gets its conclusion finally. Although the leasehold has the nature of the real right, however, it still is the claims by nature.China provides for a lease registration system, but registration is only administrative measures, not the publication mode, we should take the means of possession. For leasehold, our country has not registered as the publicity methods. At this stage, our lease registration system is only as a way of administration. With conditions developing, we can learn from the experience of other countries on the way of registration. A dual hire, the order to perform the lease contract should be as follow: first hold house, then registration, if neither registration nor hold housing, at this point, the option should be submitted with the lessor.