Research On The Right Of Arbitrary Dismissal Of Irregular House Lease Contracts

In recent years,China’s real estate economy has prospered,prompting the housing rental market to prosper.Although the sub-rules of the Contract Law of China have relatively perfect regulations on lease contracts,they have also issued the Interpretation of the Supreme People’s Court on Several Issues Concerning the Specific Application of Laws in House Trial Disputes over Lease Contracts and the Measures for the Administration of Housing Leasing to improve relevant regulations.Provide guidance to judges in adjudicating cases in judicial practice.However,in the face of disputes over irregular house lease contracts in judicial practice,most of them focus on the problems arising from the exercise of the system by the parties.There are loopholes in the legal norms,which cannot deal with problems in practice and are controversial.In view of the above background,this article will focus on the analysis of several issues.First,it outlines the basic concepts,nature,characteristics,and relationships with other contract termination rights in non-scheduled housing lease contracts.The necessity of the existence of an arbitrary right of dissolution system in the contract.Secondly,it summarizes the problems existing in the parties’ exercise of the right of arbitrary dismissal in practice.Based on the purpose of leasing a house as a basis for classification,there are two types of residential housing and operating type for non-scheduled housing leasing.The purpose,the contract benefits involved,and the damage after the termination of the contract are different,but the law does not consider the operating type.The special nature of the house lease contract does not make separate regulations,which results in the lessee’s obligation to give advance notice in operating house leases,arbitrarily release damages to the renter’s rental interests,and cannot claim compensation in accordance with the law;the parties are making irregularities In the case of a house lease contract,in order to ensure the continued performance of the contract,it will be agreed in advance to abandon and exercise the right to arbitrarily terminate the contract,which prevents the parties to the contract from escaping the contractual relationship in a timely manner.The system was maliciously abused in practice to damage the interests of the lessee;the law did not specify the specific time of the "reasonable period",and the parties and judges will make judgments based on transaction habits or market conditions,but they still cannot avoid the parties to determine what they want.Deadline that led to being Parties lose part of the benefit;compensation standards and scope of compensation is not clear so that the interests of the termination of the parties unable to obtain compensation for the loss suffered unfair treatment.In view of the above problems,the author analyzes the causes from a variety of angles and finds that the main reasons are the following predicaments that lead to the arbitrary dilemma in the exercise of the irregular house lease contract: First,our civil law adopts a legislative system of civil and commercial integration.In legislation,it is easy to ignore the difference in practice between residential leasing and operating leasing,and the failure to give the lessee the notice obligation in the operating leasing contract harms the lessor’s economic interests.2.The General Principles of the Contract Law do not have a complete specification for the system of arbitrary rescission,and legal issues not covered in the sub-clauses cannot be resolved by applying the principle provisions of the General Principles.3.The inequality of the supply and demand relationship in the housing rental market,coupled with the non-cause and essential illegality of the right to arbitrarily dismiss,leads the lessor to be in an advantageous position in the contract relationship,but the law does not grant any relief to the lessee.Rights to curb the malicious abuse of rights.In addition,in judicial practice,when the court hears problems arising from the exercise of the right to arbitrarily cancel a house lease contract,the court only conducts a formal review to judge the termination of the contract,ignoring the differences in this type of case,not only Often the legitimate contractual rights of both parties cannot be guaranteed,and they can easily be abused maliciously by the parties.4.There is no clear stipulation on the "reasonable period" in the sub-rules of the Contract Law.The parties’ agreement on the "reasonable period" in the contract and the court’s determination of the "reasonable period" do not have uniform standards,which is not conducive to arbitrary dissolution.With the implementation of the power system,the court has formed uniform judgment standards.5.Although the person with the right of arbitrary dismissal exercises his power in accordance with the law,the result of the act and the result of the breach of contract are homogeneous,and it is necessary to bear the liability for compensation to make up for the loss of the other party.However,due to the uncertainty of its compensation scope,the non-dissolving party’s damage cannot be effectively remedied.In view of the problems and reasons explained above,the corresponding perfect suggestions are put forward while drawing on the excellent regulations outside the region.In the housing lease contract,distinguish between operating house leases and residential house leases,and clearly clarify the notice obligation of the lessee in the operating house lease contract in residential house leases,to avoid excessive legal tilt to protect the leases that are not in a vulnerable position.The renter and the lessee promptly release the rent loss caused to the lessor’s leased house.Introducing the extraterritorial just cause system,the lessor can exercise the right of arbitrary dissolution only if it meets the legal just cause and provides corresponding proofs.This system further limits the lessor’s exercise of the right of arbitrary dissolution and protects the legitimate rights and interests of the lessee in a vulnerable position.When clarifying the minimum period of the "reasonable period",it is necessary to fully consider the difficulty of finding alternative leases or lessees in different types of housing leases,comprehensively determine the minimum period in combination with market practices and the actual situation of the parties,and allow The parties negotiated and adjusted to give full play to the role of the system of arbitrary dissolution.Determine the performance benefits of the contract as the scope of compensation that the parties should compensate after exercising their right of arbitrary termination,including direct losses and available benefits.Although the determination of the available benefits is unclear due to the continuity of the non-scheduled contract,but because the contract is composed of several payment behaviors,the transaction habits between the parties and the default of risk between the parties are traceable.For the clarification of the decoration and decoration expenses in irregular house lease,you can learn from the legal provisions in the "Judicial Interpretation of House Lease".