Comment On The Dispute Case Of Housing Lease Contract Between Jiaheng Company And Dongda Wanshang

In the field of contract validity determination,the judicial application of mandatory provisions is a difficult problem in judicial practice.At present,the classification standard of mandatory regulations in China is relatively vague,and the contract effectiveness and its consequences are not clear enough,resulting in the lack of unified identification path and judgment scale.Therefore,how to identify the mandatory categories and legal consequences that affect the effectiveness of the contract is still the focus of the current theory and practice.The validity of the house lease contract is limited by the relevant mandatory provisions.It is of positive significance to study the effect of the mandatory provisions on the judicial application.The dispute case over the lease contract between Jiaheng Company and Dongda Company is a civil case arising from being leased to others and put into commercial use when the lease item is under fire inspection and completion acceptance,with the following three disputes: first,whether the contract violates the mandatory clause will make invalid the contract;second,how to divide the liability after the contract;third,how to determine the loss after the contract is invalid.Analysis each focus of legal norms,related theory,and combined with the same type of case,can draw the following conclusion: first,explore the contract effectiveness,the key is to find the right path to identify the contract effectiveness,because the contract violates the provisions of the mandatory specification of the state is the market behavior,the mandatory specification category should be divided into management mandatory specification,so the housing lease contract is relatively effective,through further identification,the law has special provisions,so the contract is invalid is that the parties before the first instance defense.Secondly,the legal consequences after the invalidation of the contract should be restored to the state before the invalidation of the contract.With the principle of restoration to the original state,for the unnecessary return and losses caused by the contract,the responsibility should be divided according to the discount compensation and damage compensation provisions and the fault principle.The division of fault responsibility should be analyzed by integrating the elements of fault responsibility,namely,the burden of proof of fault,causality,illegality and damage,and the fault identification should be based on objective judgment,supplemented by subjective judgment.When the contract violates the illegal elements,the actor can be directly judged as fault.As the lessor,the subject of completion acceptance,objectively fails to fulfill its duty,subjectively intends,and shall bear the main responsibility;the lessee shall have a certain duty of care,so it shall bear the secondary responsibility.Finally,further confirm whether the cost belongs to the loss,clear the calculation standard of each loss.The expenses incurred in the use of the premises,decoration and the demolition of the original facilities shall be compensated as damages and shall be paid by the lessee according to the lessor according to the fault liability,and the rent and the occupied rent shall be compensated by the lessor to the lessee at a discount.