Lease legal relationship, give rise to lease relationship legal knowledge

Legal analysis: The lease contract is a contract in which the lessor delivers the leased property to the lessee for use, income, and the lessee pays the rent, and the legal relationship of the lease is the right and obligation relationship between the lessor and the lessee to deliver the leased object to the lessee for use and income, and the lessee pays the rent, which belongs to the specific rights and obligations between the parties.

Legal basis: Civil Code of the People's Republic of China

Article 707: Where the lease period is more than six months, it shall be in writing. If the parties do not adopt a written form and cannot confirm Article 707 If the lease term is more than six months, it shall be in written form. If the parties do not adopt written form and cannot determine the term of the lease, it shall be deemed to be an indefinite lease.

If the lease term is fixed, it shall be regarded as an indefinite lease.

Article 710 The lessee shall not be liable for compensation if the leased property is used in accordance with the agreed method or according to the nature of the leased property, resulting in the loss of the leased property.

Article 715 The lessee may, with the consent of the lessor, make improvements to the leased property or add other things. If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may request the lessee to restore the original state or compensate for losses.

The object of the legal relationship refers to the object to which the relationship of rights and obligations between subjects is directed, also known as the subject matter. The object of a financial lease contract is generally a leased object such as machinery and equipment, office equipment, etc., which is determined by the nature of the lease contract. Because the financing lease contract is a transaction of leased goods on the surface, but the essence is financing; On the surface, the object is the leased thing, but in essence it is the capital equivalent to the lease price.

However, as the object of legal relations, it must have the characteristics of legitimacy. Therefore, objects prohibited by law from circulating or restricted from trading, such as **, national monopoly products, etc., should be excluded from the object of the financial lease contract; If the law requires the permission of a specific authority for the transaction of an object, it is necessary to go through the approval process prescribed by the law. In addition, according to the characteristics of financial leasing transactions and the provisions of relevant laws and regulations, the subject matter of a financial leasing contract should also have the following characteristics:

1. The leased property of Yindouhao shall be physical property, and any form of intangible property shall not become the subject matter of the financial lease contract; 2. The leased thing should be a thing that the right of use can be separated from the ownership, and if the right of use is inseparable from the ownership of the sale, it violates the transaction nature of the financial lease and cannot become the subject matter of the financial lease contract; 3. The leased item should be non-consumable and reusable; 4. The leased object should not be a consumer product for personal consumption, and since the lessee of the current financial lease contract does not include a natural person, it is impossible for personal consumer goods to become the subject matter of the financial lease contract.

Legal analysis: Leasing relationship is a very common legal relationship in life, whether it is real estate leasing such as housing leasing and shop leasing, or movable property leasing such as car leasing and equipment leasing.

Legal basis: Civil Code of the People's Republic of China Article 734 If the lease term expires and the lessee continues to use the leased property, and the lessor does not raise any objection, the original lease contract shall continue to be valid, but the lease term shall be indefinite. At the expiration of the lease term, the tenant of the house has the right to lease the lease on a limited basis under the same conditions.

Lessor and lessee in a financial lease contract. The subject of a legal relationship refers to a person who specifically exercises rights and assumes obligations in a legal relationship. The basic subjects of the legal relationship of the financial leasing civil code refer to the lessor and the lessee in the financial lease contract, in addition to some special financial leasing transactions, there are other non-basic subjects.

Under normal circumstances, any natural person or organization with the capacity for civil rights and conduct can become the subject of the contract. Due to the function of financial leasing as a financial disturbance, financial supervision is carried out in many countries, and the subject that has not obtained a business license shall not engage in the financial leasing business, and the financial leasing contract signed by it shall be invalid.

Civil Code of the People's Republic of China

Article 703 A lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent.