The Research On Shop For Renewal System

Indispensable part of the shops are businessmen in business activities, businessmen inengaged in business activities are more willing to rental shops rather than the high cost ofpurchased shops, rental shops in the commercial business activities become more and more befavorred. Requirement and the sustainability of economic activities, in the lease term expires,the lessee often want to continue to lease the original shops, because of its customer baseformed in the long time of doing business, intangible assets such as goodwill, advertisingeffectiveness and shop decoration, add the attached to tangible assets will be hurt by arelocation of the shop. Under the existing legal framework in China did not rent for specialprotection, unified applicable civil leasing system, does not give the lessee at the expiration ofthe lease term shall have the right to continue to lease shops, depends entirely on the lesseewill continue to rent to the lessor the lessor unilateral said. Such a case, the lessee should behow to safeguard the interests of? How to balance the expiration of the lease term shops whenthe balance of interests between the lessee and the lessor, become the primary problem ofperfect the system of rental shops in our country.The full text is divided into five parts:The first part introduces the judicial practice problems existing in the shop’s renewalsystem. For three shops whether to continue the lease after the lease term expires shopsdispute case, reflects the current judicial practice in China for business after the expiry of thelease term the causes of disputes and the status quo of the judicial referee, through introducingthe case teasing out the main problems on the shop’s renewal system.The second part is about the shop’s renewal system general theory. To shop’s renewal rightfrom concept to nature, the legal definition of clarifying its connotation and extension of theconcept of shop’s renewal and the theoretical basis of power system are introduced, and theelements of its shops right of renewal, aimed at the shop’s renewal system has a deep andcomprehensive understanding, at last, by right of renewal and shops with the introduction ofthe principles of the freedom of contract relationship to nature analysis on system of shops forrenewal.The third part is to investigate the shops right of renewal system in China. Firstlyintroduces the history of our country to lay a foundation of right system, our country lawalthough there is no renewal right system, but to lay a foundation in the history of the right toa certain extent, to protect the interests of the lessee at the expiration of the lease termprovides a solution, because of its system defects after dead, but for our shops renewal systemprovides the example; Secondly introduces the shops in our country, the judicial status ofrenewal right system, Finally this paper introduces the legislative status quo of shops forrenewal right system in our country.The fourth part is the shop’s renewal system of extraterritorial legislation and itsenlightenment to our country. Using the method of comparative analysis, this paper analyzesthe foreign system of shops for renewal, and France, the UK is mainly introduced the two renewal system more mature renewal system regulations of the state, through introducing theoutside shops renewal system to provide reference for our country to build shops renewalsystem.The fifth part mainly in the shop’s right of renewal at home and abroad on the basis ofrelevant systems to understand, and the experience of foreign system of shops for renewal,under the enlightenment of improving Suggestions to our shop’s renewal system. Mainlythrough two aspects of legislation system and the system design to perfect the system of rightof renewal and shops in our country, from the theoretical level of our shop’s lease renewalsystem’s sound advice.