Several Legal Issues In The "buying And Selling Is Not Break Lease" Principle

Lease contract prior to purchase contract principle is a very important rule in civil law. With the social and ecnomic development,The system is also in order to maintain fairness and justice, to protect the interesrs of the vulnerable lessee.Since its inception,the theory have caused widespread controversy in the theory and practice.More debate,the truth more clear.So,this article attempts to stduy on the major issue for this principle and from the study the writer can understand the principle more deeply and clearly.The writer can put out reasonable and feasible proposals for our country’s current legislation.To explore lease contract prior to purchase contract principle,we must figure out the natrue of the rental right first.Because different understanding will make different results.There are three theories for this principle,and the writer believe that the rental right should return to the system of property rights. With clarifying the nature of the rental right,we can more easily understand the law we study here.Secondly,the legal structure of the law also make controversy in the theory and practice.Comparing the three elements,four elements and five elements,the writer is inclined to five elements,it conclude:limited the scope,to be legitimate dan effective property lease contract,the leased property must have been delivered.the lessee continues to occupy,appropriate characterization of the publicity and the ownership should transfore to the third party.Third,the writer believe because of unclear of the nature of the nature of the debt transfer,the different country make the different provision of this law.The writer prefer the transfer of this debt is a creditand,so,the assigness shall have the power of rent claims and deposit.Fourth,the mortgagee and "the sale does not break the lease" must be the most controversial principle in the practice.Our neighbor-Japan,make a perfect solution of this problem,so we can learn from Japan,give the mortgagee more choice,making him have the freedom of choose whether to give the mortgage useful.Finally,the author summary all issues of the law discussed in the article and put forward reasonable proposals for China.