A Study On The Historical Development And Current Situation Of British Real Estate Leasing System

The real property leasing law system is born out of its unique tenure system.Tenure is a kind of land system with only tenure but no ownership.It is similar to China’s lack of ownership but using rights of agricultural land.The real estate leasing law system in Britain has the characteristics of both chattel and real property.From the history view,although the real property leasing system in Britain is under the common law system,it is totally different from other countries’ systems.A thorough study of the historical origin and development status of the real property leasing system in Britain can give some inspiration to the construction of the law system in China.The British real property leasing iaw system has its profound tradition and background.The principles and systems we need to learn have evolved over a long period of time and merged into its society.We can not transplant it directly.The purpose of this paper is not to draw on the British system directly.The author focuses on how the British real estate leasing system can be guaranteed from feudalism.The author hopes to get some inspiration from the evolution of the period of ownership to the modern society,the way of its development and the reforms it has made.This paper is mainly divided into seven chapters.The first part is the introduction,which outlines definition and scope of real estate in English law,and paves the way for the full text to elaborate the real estate leasing syste.The second part mainly elaborates the land system in the feudal period,including the origin,development content and types of land tenure in Britain.The third section focuses on the concept and system of land property rights developed in the system of land tenure.The third part mainly elaborates the development of real estate leasing under the land tenure system,mainly taking the reform of property law in the 15th century and 1925 as two main time nodes.The forth part elaborates the current situation of British real estate leasing system,mainly on how to establish a modern sense of property rights,focusing on the detailed introduction of real estate leasing law,including the elements,types and creation of easing.The fifth part focuses on the core of the real estate leasing system,namely the rights and obligations of both parties.The sixth part summarizes two characteristics of British real estate leasing system in its development,one is the dual characteristics of property rights and contract rights,the other is the dynamic balance of rights and obligations of both parties in the development process of leasing.The seventh part,starting from the two aspects of the right to farmland and the current situation of urban leasing,elaborates the places where China can draw lessons from the system design of the United Kingdom.