A Comparative Study Of The System "Sale Does Not Break The Lease"

The system "sale does not break the lease" is prescribed in Article 229 of Chinese Contract Law. But there are a lot of controversies of this concept. China and Germany belong to the civil law. German Civil Code is called classic in the civil law. For the system "sale does not break the lease" German Civil Code has a relatively sound legal system. In this paper, by introducing Roman law sources, value considerations, etc. of the system "sale does not break the lease" in German Civil Code, we can get real materials for developing and improving our Civil Code. At the same time it can provide concrete and effective legal basis for solving the problem in rental areas.In this paper the sources of this system are introduced at first. Although this system is difficult to understand and German civil law scholars also considered replacing it by other systems, German civil law scholars still choose the system in the end in order to safeguard the interests of the lessee. Article 566,566a,566b,566c,566d,566e and the relationship between them among the German Civil Code are then in this paper analyzed. The view that the third Party broadly accepts the rights and obligations lessor is in 566 discussed. The third Party goes into the lease between the lessor and the lessee. History of the system is usually closely linked with the purpose of the system. For example, the system "sale does not break the lease" in German Civil Code and "sale breaks the lease" in Roman law. The protection of ownership is usually emphasized in Roman law. But it causes also a lot of problems. Then it also takes measures for the protection of the right of the lessee. The protection of the lessee is emphasized in the German law. But it also takes many measures to balance the interests of the lessor, the lessee and the third party. For example, if the tenant prepaid rent, it is only valid for the calendar month of the act. If the tenant knows the transfer of ownership after the 15th of calendar month, the behavior of rent in advance is still valid in the next calendar month. Meanwhile, the synergy of every the legal provision in German law should also be noted. For example, the institutional structure of the article 556b to 556d in the German Civil Code is associated with the article 406. The scope of protection is corresponding to the article 1124 and 1125 in the German Civil Code. In this paper, a detailed analysis of the relevant statutes and legal purposes for the system "sale does not break the lease" in the German Civil Code is made. I hope, it can provide some suggestions for the improvement of the system "sale does not break the lease" during the development of China Civil Law.Owners need to have a legal right to lease his articles. It will have the following functions:it makes the lease clear; the innocent third party can be investigated by verification; the time for dispute settlement can be reduced; conservation of resources, etc.The innocent lessee is defined in the German Civil Code. There is no corresponding provision in China’s law. In this case, the tenant will pay the rent to non-rights holders. They will suffer from this case. According to the provisions of the German Civil Code, such cases can be canceled. If the transfer of ownership did not notify the lessee, the lessor and the third party shall be liable for damages.The real life is complicated. We need to consider a variety of situations and provide detailed rules for this. If lawmakers can not explain the link, these will give us a lot of difficulties.There are few provisions for "sale does not break the lease" in Chinese law. The concept has a lot of vague places. I think the provisions are very vague for "sale", "break", and "lease". There is no clearly defined for the period of the lease, the range of the lease, rent in advance etc. When we specifically use applicable law, there have been many obstacles. I present my own views for these problems. "Lease can not fight transfer" and other views are obtained.The method of empirical Analysis, historical Analysis, comparative analysis n this article is adopted. I try to make some contribution to improve the system.