| The article discusses the problems happening in the application of the sale of non-breaking-lease rules during China's financial practice. It needs to improve the legislation for the problems which the sale of non-breaking-lease rules has brought, and establish the system of Residential Rental Rights against Others, in order to realize the restrictive protection for the sale of non-breaking-lease rules, so that the interests among the lesser, the lessee and bank should be a balance state.The first part is the overview of the right to lease and the sale of non-breaking-lease rules. And in this part, the reason of the born of the sale of non-breaking-lease rules and the legislation of other country has been discussed, in order to make the system from the origin.The second part is the discussion of the trend of the leasehold with an effect of property right, in order to confirm the trend, giving a clear statement of the significance and value for the leasehold to be with an effect of the real property. At the same time, it helps to make a good basement for the system to better adapt to the trend of social development.The third section describes the legislative status, defects, and the actual reality of the problems of the sale of non-breaking-lease rules in the China's financial practice, to make it clear that improving the sale of non-breaking-lease rules has a great significance.The fourth part clarifies that it should establish the system of the leasehold with an effect of property right. And it is necessary to improve China's real estate registration system to facilitate the relationship among the real estate, including the owner, mortgagee, registered lessee, etc. to make a registration. Meanwhile, the most important thing is to give lease rights an effect against others with a registration in legislation, and make it clear that the leasehold has an effect against others only after the registration public. |
PDF Full Text Request