The Theory Review And System Construction Of Real Right Of House Lease Right

The nature of real estate leasehold,whether it is a real right（usufructuary right）or a creditor’s right,has been a controversial issue,especially after the establishment of the "sale does not break the lease" rule.Nowadays,under the promotion of the policy of the same right of rent and purchase,the status of the lessee is improved to comply with the trend.The absolute dominance of house lease right and property right and the absoluteness of protection do not contradict,and consider the appropriate publicity way,in the society where it is necessary to exist,that is,should promote the house lease right as usufructuary right.The first part of this paper starts from the basic concept of leasehold,combines the discussion of various theories,and theoretically locates the leasehold.The lease right is "the lessee’s right to possess,use and benefit from the lease item under the lease contract".In addition,it summarizes and analyzes the relevant theories on the nature of lease right,mainly including the theory of creditor’s right,the theory of real right of lease,the theory of possession,the theory of real right（usufructuary right）,and concludes that the essence of lease right is usufructuary right.Finally,starting from the most essential characteristics of real right,real right is the right of control and absolute right,and further demonstrates that the house lease right completely conforms to the most essential characteristics of real right.The second part of this paper starts from the practice of foreign legislation,the property right of long-term lease is recognized,the right of permanent lease in the Roman period and the right of long-term lease in France have been defined as the property right,which provides a beneficial reference for the real right orientation of house lease.Then,starting from the evolution of the property right in the common law system,this paper analyzes the development path of the lessee’s right from relative right to absolute right,and makes it clear that only the long-existing right can develop into usufructuary right.Finally,compared with usufructuary right,the usufructuary right system should be continuously developed,and important types of leasing relationships can be upgraded to usufructuary right through the real right publicity,and it is feasible to put the house lease right into the usufructuary right system.The third part of this paper focuses on the social needs of the reality,highlighting the reality of the law and policy of the same right of rent and purchase to provide the possibility for the system construction of the real right of lease.The policy of the same right of rent and purchase provides a practical impetus for strengthening the status of the lessee and further demonstrates the feasibility of incorporating the house lease right into the usufruct system.Vigorously promote the policy of the same right of lease and purchase,the essence is to encourage the long-term lease relationship,and the long-term lease itself has the property right attribute.In addition,the practice of "public house lease right" and "long-term store use right" also provides ideas for the construction of real right system of house lease right.Finally,from the opposite point of view,it shows that the theoretical limitation of the principle of numerus clauses does not constitute an obstacle to the construction of real right of house lease.As for the disposition of the house lease right,the disposition right does not determine the nature of the lease right,and it cannot hinder the development trend of the house lease right to usufructuary right,and the house sublease should adopt a liberal attitude.The fourth part of this paper studies the publicity method of house lease right.At the present stage,the most typical system of the real right of lease is "sale does not break the lease".For example,the lack of leasehold publicity mechanism leads to the proliferation of false leasing,which harms the interests of many buyers or mortgagees.At present,the most serious problem is whether to have the right to lease the resistance to a certain publicity method to perfect the premise.Guided by the basic spirit of the principle of real right publication,this paper measures the interests of the stakeholders of the lease item,and points out that the real right effectiveness of the lease right should be based on the improvement of the corresponding publication.In this paper,through the comprehensive analysis of possession antagonism,registration antagonism and registration effectiveness doctrine,the author thinks that the registration antagonism should be taken as the publicity method for the lease right.In addition,the combination of the priority and the registration as a whole,it points out that the right to buy before the property right of the lessee can be recognized.