Transferee Protection Studies In "Buy And Sell" Scenarios

"Sale without breaking lease" is a long-established and highly controversial principle in contract law.However,China's current legal regulations on this clause are not sound.Taking Article 229 of the Contract Law as an example,the leased property takes ownership during the lease period.Changes do not affect the effectiveness of the lease contract.This clause mainly regulates the issue of the effectiveness of the lease contract when the ownership of the leased property changes.It also formulates the next famous rule,"Sale does not break the lease.This rule is widely used in real life.In the Supreme People's Court Judgment Document Network,as many as 8653 results were searched using the keyword " buying a lease without breaking the sale ".However,this law has been subject to various regulations since its promulgation.Fang questioned that " Article 229 of the " Contract Law " adopted by Chinese mainland this year stipulates that...it is sufficient to completely obfuscate the validity,performance and transfer of contracts.Therefore,this article discusses this clause in modern society based on the current scene.Whether a new understanding and application is needed.The first chapter of this article is divided into two parts.The first part summarizes the current situation and reasons of the infringement of the assignee's interests.As the core clause of this article,first of all,analyze the reasons why the clause does not reasonably protect the rights of the assignee in the current judiciary,and that the assignee should be justly and reasonably protected by law.Secondly,I will introduce three issues to be discussed in this article,namely: the choice of the legislative structure of the statutory contract bearing mode or the legislative structure of the right to maintain the maintenance mode;under two different legislative structures,the subject of the obligation to return the mortgage is not clear;Under two different legislative structures,the transferee's rent collection in advance and the transfer of rental claims in the future have an unclear impact on the transferee.The second part is one of the core parts of the article.The author will analyze and compare the two legislative structures.The legal contract acceptance model is the mainstream legislative structure supported by the current legislation and academic circles.It has a foundation behind it in both theoretical and judicial practice,but the legislative structure also has its inevitable flaws.The author will analyze the similarities and differences between the operation mode of the legal contract acceptance mode and the right to maintain maintenance mode by explaining the case,and point out the advantages of the right to maintain maintenance mode over the legal contract acceptance mode.The third chapter is also the core part of the article.The author will from three specific aspects,namely,the subject of the mortgaged rent return obligation of the leased house,the renter's rent collection in advance,and the impact of the future rent debt transfer on the assignee.The analysis of the mode of maintaining ownership of rights further affirmed the author's point of view: the mode of ownership of rights well avoids the shortcomings of the statutory contract acceptance mode,so it can be promoted and applied as a new theory.In the last chapter,the author will summarize and analyze the maintenance mode of ownership.First of all,I clarify once again the viewpoint supported by the author,that is,the right-to-occupy maintenance model is superior to the traditional statutory contract bearing model in theory or practical application.However,the right to maintain maintenance model also has its disadvantages.For example,while protecting the assignee,it may harm the tenant's interests.Therefore,the author envisages some compensation system to protect the lessee,and finally achieve the balance of the interests of the assignee,the lessor and the lessee.For example,to demonstrate whether the lease contract needs to be publicized and how to do it;after the transfer of the house,although the original lessor assumes the responsibility to the lessee,the assignee can be required to undertake some supplements in addition to the responsibility assumed by the lessor in a timely manner Responsibility to protect the interests of lessees.