| The principle of no break of lease due to a sale, a important part for the building lease contractsystem, is an old but lively rule. This principle’s original purpose is to protect Lessee who is seenas a weaknesses partner. But it has been changed for the innocent purchaser’s interest. In thesechanges, the notification system is the most important one. This article tries to give a practicablesuggestion, as a logic way which means firstly find drawback, secondly discovery source andfinally solve problem, for the notification of building lease’s improvement and perfect ness.First part, base on a strict and practical fact, tries to find the weakness in mainland buildinglease system, practice and theory, and discovery the sources inside. Firstly this article separatesbuilding lease into two parts, which called central authority and local authorities. The articlespecifically discusses the difference between central and local legal system, and proves thebuilding lease practical different through a several quoted cases and theories. At last this partdiscovery the sources inside, which are called notification illegibility, misunderstanding onnotification effect and applicable rules and incorrect selection on notification.Second part specifically explains the problem of notification illegibility which has been told infirst part, and tries to expound and prove the necessary connection between notification of buildinglease and the principle of no break of lease due to a sale with a logistic way and a historical method.In the logistic way, this part use a clear clue as follows, the principle of no break of lease due to asale—the legal contract inheritance—the innocent standard which base on the party’s knowledge—the lack of objective standard for the judgment of innocent—the notification’s remedy. In thehistorical part, there is a introduce about lease notification history in England, France and Germanyto prove that theory, which means that after the appear of modern lease notification, the connectionbetween notification and the principle of no break of lease due to a sale is strict and unbreakableand this connection will exist for a long time. Third part tries to systematically explain the effect of lease notification and answer thequestion which has been told in first paragraph by three parts, which be told as the effect’s source,protection for the innocent people and presumption for the right. Among the protection for theinnocent people part, the author distinguish antagonism right from no antagonistic right andexplain their different in lease notification’s effect.Fourth part tries to solve the problem in the use of notification rule. For this purpose, this partexplains every notification’s use rule. This part also gives a standard for the judgment ofnotification. Used this standard, the Chinese Taiwan notarization system is deemed to be anotification rule.Fifth and sixth parts’ purpose is to solve the problem in the selection of lease notification. Thisselections is base on one fact which is explain as different notification has different weakness andadvantage, including notarization system, which be told in fifth part. Base on fifth part, the sixthpart give us a point that lease notification should be chosen by the lease’s long or short. At last, thispart suggest a whole notification rule for the principle of no break of lease due to a sale and a closefor whole article. |
