System Of Not Breaking The Sale Of Lease

Not breaking the sale of lease system means during the time of leasing, after the leasehold is delivered to the lessee, lessor deliver the ownership to a third person, but the original lease is still effective to the bargainee. This system has generated controversy since it is created, meanwhile it has developed constantly. China's "Contract Law" of the 229th: leasing of the lease during the ownership change will not affect the validity of the lease agreement. That is, in the leasing contracts during the time, due to the sale of rental, gifts and other acts of the reasons for the change in ownership. Original leasing contract remain in force, the tenant can lease the right to fight against the assignee of ownership. The traditional theory that the Civil Code, ownership of property rights, leasing the right to belong to creditors. Along with the rapid socio-economic development and market economy the main activities of the complexity of property rights and claims more and more difficult to define the limits of both a mutual integration trend. However, China's current trading system is not broken lease provides a relatively simple, workable poor and can not meet the needs of judicial practice.First of all, this paper from the system starting with the connotation, defining lease of the reasons for the transfer of ownership is no longer confined to traditional trading behavior, and then further from its course of historical development, domestic and international legislation on a comparison of various aspects in order to That the sale of rental system is not broken in the continuous development of continuous improvement.The second part of the sale of non-breaking application of the principle elements of the lease, through a comparative analysis on various elements of doctrine in the application of the different views on different requirements. I agree that the three elements that must exist valid lease contract; leasehold has been in the possession and delivery status of leasehold title with a third person to be. The third part will focus on analyzing the sale of not breaking the lease after the application of the principle of the legal effect, that is the lessor, lessee, the assignee constituents and the legal relationship between the parties on the different rights and obligations in order to facilitate better use of practice The principle of substantive legal issues.Part IV focuses on the sale of lease does not break the principle of analogy applies both cases, the judicial practice often involved in the issue, mortgage and leasing rights conflict with the application of the principles of the problem and the implementation of the right to lease the right to the conflict and how to apply the matter of principle.Finally, on China's Legislative Reflections on the view that China's lack of legislative points, while for China's trading system is not broken by the leasing of several specific legislative proposals with a view to improving China's trading system is not broken lease.