The Analysis Of Lease Contract Dispute Between Mr.Li And Mr.Zhao

Lease contract dispute is one of the most common disputes in judicial practice. This paper begins with a case of lease contract dispute in practice. Some lease contract problems are analyzed by using several relevant provisions and legal theory, especially for the gain time and bona fide acquisition of leasehold. The author discourses some problems in this case, such as the process of the performance of lease contract, the definition of leasehold, and the safeguarding of transaction security. Referring to the theory and jurisprudence of the leasehold adversary system in Taiwan, This paper puts forward that, the gain time of leasehold should be gained when the object are delivered.As for the question of bona fide acquisition of leasehold, the author combines with the case and points out that, some legitimate but unreasonable situation exist in judicial practice, and leasehold should be fit into the bona fide acquisition. The author discusses it from four perspectives:Unauthorized Disposition, the Principle of Public Display and Trust, Transaction Security, Risk Prevention and Judicial Costs. Differing from the past, the author proposes a new method to judge the object of the bona fide acquisition, that is, from the perspective of unauthorized disposition's object.The author believes that unauthorized disposition and bona fide acquisition is the relationship of cause and effect. The reason why the right can be obtained by the bona fides third party is mainly based on the principle of public display and trust. So as long as the object of unauthorized disposition can be displayed and trusted in public, it can be gained by the bona fides third party based on the bona fide. Thinking from the perspective of public display and trust, when ownership and part of ownership by unauthorized disposition, it can be gained based on the bona fide because it can be displayed and trusted in public. Hypothec and Liens can not be gained, because they can't be displayed and trusted in public. Finally, according to the issues and analysis in this paper, the author puts forward some views to improve the existing tenancy system. It should be clear that leasehold is gained when the object is delivered, and the system related to bona fide acquisition of leasehold shall be established. The system is also briefly discussed in the end.