The Assignment Of Commercial Real Estate’s Legal Studies

The assignment of commercial real estate,as a product of market economy, the current rental market of "hidden rules", and was well known.by everyone. Along with the increase in rent dispute, only with economic phenomena to explain its existence does not solve this kind of dispute, this concept must be introduced into the field of law, by analyzing the legal nature and clear its connotation and extension. The assignment of commercial real estate paid of consideration, that is not on the lessee Priority to Lease, it is also not the general transfer of the lease contract rights and obligations it including but not limited to the assignment of the business assets.The commercial real estate of it should be based on the collection and payment transfer the rights and obligations of both sides of the intention and specific, but we can form a typed it. When the assignment of commercial real estate to paraphrase it dynamic form and analysis its ascription problem, which shall be based on the validity of the leasing contract and the performance, and then the conclusion of the contract according to their intention to it.When the commercial real estate is processing respectively, and not merely on the execution of the contract unified handling.This article is divided into five parts to transfer the legal nature of the assignment of commercial real estate and the related legal problems for research.In the first part, that is through the store transfer typed and analyze its characteristics determine the assignment of commercial real estate, and it’s the legal nature of the specific shops of dynamic construction.The second part, in judicial the assignment of commercial real estate disputes by introducing typical cases to illustrate in the trial practice, handling opinions about this problem, and then the analysis of the disadvantages of this kind of processing and contradictions, and summarize the assignment of commercial real estate dispute law of our country and the theory of blank. In the third part, the fourth and fifth chapters, according to the assignment of commercial real estate dispute settlement mechanism, should first according to contain the number of commercial real estate in the transfer of the lease contract legal relationship to typed it further divides its legal relationship, the root cause of the dispute then determined according to the different types of disputes will again be a concrete analysis to apply shops transfer analysis of the nature of the current trial practice, solve the focus problem.