Studies On The Principle Of Verau Berung Bricht Nicht Miett

Generally a lessee can not sue the third party for damages when he interferes with his activities for the third party is the assignee of the object of the lease, instead a leaseholder has to sue the lessor in a law-court for his breach of promise, for an old legal maxim of"Real right is superior to obligatory right"is abided by strictly in Roman civil law. This rule is theoretically called"Sales devastating lease". Gradually another rule or principle of"Verau berung bricht nicht miett"is being established in many countries` civil codes which belong to the continental legal system, which causes a strange result that right of lease attains or gains some effect of Real right to some extent or degree. The article elaborates the historic development of the principle"Verau berung richt nicht miett"and discusses hot disputes relating nature of right of lease systematically. The article also puts forward its own ideas: the nature of"Verau berung bricht miett"is that a leaseholder`s right of lease, or Usufructary right can oppose against ownership of object to third party concerned, which effect conforms to nature of Usufructary right according to theory of Real right. In spite of many regulations relating the principle of"Verau berung nicht miett"in our present civil law, the whole civil legislation system about it is not perfect, especially our present Real right law system leaves right of lease about real estate which is called Usufructary right in this paper out of consideration, so perfecting present civil legislations should be developed in both contractual legislation and legislation of Real right. Finally this article puts forward and proves that a new dualistic framework of Usufructuary right should be adopted in future civil legislation in our country.