A Study On The System Of Non Breaking Lease

China has a long history of the system of non breaking lease by sale.As early as the promulgation of the contract law in 1999,China has established the system of non breaking lease by sale.In Article 119 of the opinions on Several Issues concerning the implementation of the general principles of the civil law of the people's Republic of China(for Trial Implementation)issued by the Supreme People's court,the system of non breaking lease by sale is also mentioned Article 119 stipulates that if the ownership of a privately owned house is transferred due to sale,gift or inheritance during the lease term as stipulated in the contract,the original lease contract shall continue to be valid for the lessee and the new owner.The system of non breaking lease by sale plays an important role in maintaining the normal social and economic order and the order of citizens' life.Comparing article 229 of the contract law with Article 119 of the opinions of the people's communication,we can see that the provisions of the contract law on non breaking lease by sale are relatively simple,and there are not too many detailed expressions,which leads to some disputes in the application of article 229 of the contract law in judicial practice Discussion.Therefore,from the perspective of the application of law in article 229 of the contract law of China,this paper mainly discusses the development process,the legal basis and the practical application and development of the lease system.The basis of the exploration of the system is to explore the historical origin of its formation,so this paper analyzes and discusses the development process of the system and its historical origin from the beginning.The development process of the system is not smooth sailing from the breaking of the lease by sale in Roman law to the change of legislative attitude in continental law.But through the trial of water in practice and continuous revision,the rudiment of the civil law system can be formed.Based on the reference of the civil law system,combined with the reality,we have formed the 229 provisions of the contract law of China.After the establishment of "sale does not break the lease" in China,its application in judicial practice cannot be separated from its inherent legal basis,that is,the existence of the lease right.The discussion of the leasehold is indispensable to the exploration of the leasehold system.Therefore,the author will discuss and analyze the disputes about the nature of the leasehold in the later narratives,such as the interpretation of the creditor's right or the real right of the leasehold,and the value choice in the protection of the leasehold.The two theories are different From the perspective of the subject,this paper gives their own views on the value selection in the process of the protection of the leasehold,which provides a certain reference for the choice of legislation in China.Therefore,when determining our own standards,we should refine the essence of the two theories for our own use.In judicial practice,because the provisions of article 229 of the contract law have strong generality,but not too much attention is paid to the discussion of details,there are still some disputes on the application of unbreakable lease in practice,such as whether its application must be based on the premise of sale,whether its application scope must be real estate,or its application mode.The disputes on the above issues have appeared in the theoretical and practical circles,and our country has also summed up its own experience and methods in the long-term judicial practice to deal with the disputes caused by the above issues.In the summary of practical experience,the system of "buy and sell without breaking the lease" has been continuously improved,and new problems continue to appear.However,no matter what problems appear,the original intention of the legislation of "buy and sell without breaking the lease" is consistent,and the legislative process and judicial practice will continue to adhere to the principle of "based on the maintenance of the right to exist of the lessee,to maximize the balance of interests among the lessor,the buyer and the Lessee" Attitude.