| With the development of the housing rental market,more and more people decorate the rental houses according to their preferences and needs after signing the rental contract.Due to the particularity of house decoration and decoration,it is not easy to be separated after the combination with the leased house.At this time,the decoration and decoration of the lessee and the lessor’s house are attached.This causes two problems,the first is the attribution of the appendages,the second is the debt compensation of the appendages.If you want to judge who the attachment belongs to,you should first judge whether the decoration and decoration is attached to the rental house.The formation of attachment should be based on the premise of physical combination,physical damage as the primary criterion of judgment,and economic value loss as the second.If the decoration is not physically combined with the house,there is no need to consider the problem of damage.As for whether the separation cost is too large,the separation cost can be compared with the value of the separated thing.If the separation cost is greater than the value of the separated thing,the separation cost can be identified as too large.The role of each component of the conjugate in the overall nature and efficacy of the conjugate,especially the fate of the whole after separation,is not the basis for judging whether the component is important or not.After determining the attachment of the decoration and decoration with the leased house,it is also necessary to judge whether the decoration and decoration behavior of the lessee is approved by the lessor.In the case of malicious addition,even if the decoration and decoration are attached to the leased house,the ownership shall not be directly identified as belonging to the lessor and the lessor’s right to restore the original state shall be excluded.In the litigation disputes of annexation and infringement,one party can provide evidence to add compensation,while the other party can provide evidence of infringement.Based on the principle of protecting the faultless party and giving priority to the maximum utility of the object,the judge allows the faultless immovable property owner to choose to maintain the union or request to restore the original state.Secondly,after solving the problem of real right ownership of decoration and decoration,it is necessary to compensate the value of decoration and decoration that produces attachment.If the decoration or decoration is carried out without the consent of the lessor,the lessor may claim the liability for breach of contract or tort from the lessee,and may choose to compensate for the loss if it is impossible to restore the original state.At the same time,if the lessor is willing to retain the decoration and decoration,it can also apply the rules of addition to acquire the ownership.In this case,the unjust enrichment claim relationship is established,and the lessor shall compensate the lessee for the residual value of the decoration and decoration.The decoration and decoration agreed by the lessor shall be discussed according to the performance status of the contract.If the expiration of the contract results in the termination of the contract,the decoration and decoration is attributable to the lessor due to the occurrence of attachment,and the lessee can exercise the right to claim beneficial expenses from the lessor.However,if the lessee has a legitimate interest in the decoration and decoration,he may exercise the right of retrieval,and the damage to the house shall be restored to its original state.If the contract is terminated due to the lessor’s breach of contract,the lessee may request the lessor to compensate for the benefits gained from the acquisition of decoration and decoration.If there is still a loss,the lessee may request compensation for the liability for breach of contract.However,if the lessee has a legitimate interest in the decoration and decoration,he may exercise the right of retrieval,and the damage to the house shall be restored to its original state.If the contract is terminated due to lessee’s breach of contract,the lessor shall be compensated for improper enrichment after obtaining the ownership of decoration and decoration.If the scope of compensation is less than the loss caused by the lessee due to the breach of the contract,the lessee shall bear the compensation by itself.However,if the lessee has legitimate interests in the decoration and decoration,the lessee may retrieve the decoration and decoration by itself,and the lessee shall compensate for the damage caused by the removal of the attached objects,and then compensate for the damage based on the breach of contract.If the contract is terminated due to the breach of contract by both parties,both parties shall share the loss after the lessor returns the undeserved gains.If the contract is terminated due to reasons that cannot be attributed to both parties,the lessor still has losses after returning the unjust gains,both parties shall share the losses according to the principle of fairness.Finally,if the decoration and decoration agreed by the lessor and the lease contract is invalid,the lessor and lessee shall solve the problem of debt compensation of the decoration and decoration through the principle of unjust enrichment,and then distribute the loss caused by the contracting fault of both parties according to the fault.However,if the lessee still carries out decoration and decoration when the Meiji contract is invalid,it shall not enjoy the right of claim for unjust enrichment. |
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