沈阳工业大学学报（社会科学版）2017，Vol.10Issue(1)：77-81,5.DOI:10.7688/j.issn.1674-0823.2017.01.12
我国转租制度的困境与出路
Dilemma and way out of subletting institution in China
摘要
Abstract
Subletting is a special mode of lease different from lease assignment and regular rental.The legislation concerning subletting around the world can be mainly divided into three modes, namely, liberalism, restrictionism and differentiationism.The regulations on subletting in Article 224 of Contract Law of China adopt restrictionism.Although it reduces the burden of judicature and contributes to the unification of judgment, it seemed to be too general for it does not differentiate subletting and lease assignment, and restricts all lease while does not differentiate the concrete circumstance of it.And the regulation itself violates the fair principle.Under the current political and economic background, to counterpoise the interests of concerning parties is extremely significant.It has important significance to amend the existing institutions by referencing the legislative mode of liberalism, to differentiate civil and commercial leases, and to adopt different rules of leases of movable property and real estate.关键词
租赁/转租/自由主义/限制主义/区别主义/商事租赁/动产租赁/不动产租赁Key words
lease/sublet/liberalism/restrictionism/differentiationism/commercial lease/lease of movable property/lease of real estate分类
社会科学引用本文复制引用
梁燚鑫,杨利雅..我国转租制度的困境与出路[J].沈阳工业大学学报（社会科学版）,2017,10(1):77-81,5.基金项目
辽宁省教育厅一般项目(W2015353). （W2015353）
