The Ownership And Compensation Legal Research Of Rental Housing Decoration Materials

This article discusses decoration materials issue from four angles, the overview of decorative materials, the attribution of decorative materials and compensation problem of decorative materials.The first part of the paper makes clear about the concept of decorative materials, analyzes its legal attribute, summarizes the particularity of decorative materials and definite decorative materials in house lease contract and decoration behavior. The particularity of decorative materials include multiple legal relationships, double attributes containing both the real rights and creditor’s rights, complex decorative materials’value determination.The second part demonstrates the ownership of decorative materials. The first application rule of ownership is the agreement of the lessee and lessor. In addition to it, we should also consider rational housing’s values and functions, subject states of the lessee, the existence of complex legal relationship. And put forward my own views about the ownership of the annexed decorative material connections or not.The third part and the fourth part discuss value compensation issues of decorative materials. I distinguish different issues on the basis of the "Supreme People’s Court about town house lease contract dispute case" the explanation of the concrete application of law (hereinafter referred to as the "lease contract judicial interpretation").The first condition is accession with good intentions, meaning the decorative behaviors are agreed by the lessee. We distinguish different condition which the contract is invalid, the contract expires and the contract is lifted according to the contract law principle. We analyze and compare the existing articles, analyze the deficiencies of the articles according to the actual situation and put forward reasonable opinions.The second condition is accession with evil intentions, meaning the decorative behavior isn’t agreed by the lessee. In this circumstance, the lesser can choice to apply the real estate attachment rule, tort rule or breach rule. If the lesser choices the application of the real estate attachment rule, the lessee can obtain remedy based on unjust enrichment. If the lesser choices tort rule or breach rule, the lessee still has the ownership of the annexed decoration materials, and has to take the responsibility of restoration to their original state or indemnification for damage.