The fa ade contract expires 20 and the fa ade contract expires

Updated on society 2024-08-08
8 answers
  1. Anonymous users2024-02-15

    1. The right of priority refers to the right of priority under the same conditions if the lessor continues to lease the house after the expiration of the lease contract.

    2. The current contract expires and is to be demolished, and the leased property will no longer exist and cannot be leased, so you have no right to ask for continued lease. If the decoration is carried out in the leased house, and there is an agreement on the decoration part, it shall be handled according to the agreement. If it is not agreed that the decoration and decoration that has not formed an attachment, it can be dismantled by the lessee.

    If the house is damaged due to demolition, the tenant shall restore the original state.

    Laws and regulations and other provisions are based on:

    Judicial Interpretation of the Supreme People's Court on Housing Leasing

    Article 9 The lessee has the consent of the lessor to decorate and decorate, and when the lease contract is invalid, the decoration and decoration that has not formed an attachment and the lessor agrees to use it can be owned by the lessor at a discounted price; If you do not agree to use it, you can dismantle it by the lessee. If the house is damaged due to demolition, the tenant shall restore the original state. If the lessor agrees to use the attached decorations, they may be owned by the lessor at a discounted price; If they do not agree to use it, both parties shall share the loss of present value according to the fault that caused the contract to be invalid.

    Article 10 The lessee with the consent of the lessor to decorate, the lease period expires or the contract is terminated, unless otherwise agreed by the parties, the decoration and decoration that has not formed an attachment can be dismantled by the lessee. If the house is damaged due to demolition, the tenant shall restore the original state.

  2. Anonymous users2024-02-14

    Due to the demolition, the conditions for leasing are no longer met, and the lease contract has expired, the contract should be terminated, and the lessor has no breach of contract and no fault, so it does not bear any civil liability.

  3. Anonymous users2024-02-13

    1) It is not transferable according to the nature of the contract;

    2) It may not be transferred in accordance with the agreement of the parties;

    3) It cannot be transferred in accordance with the provisions of law.

    Article 546: Where a creditor transfers its rights, the debtor shall be notified. Without notice, the assignment is not effective against the debtor.

    The notice of the creditor's assignment of rights may not be revoked, except with the consent of the transferee.

    Article 547: Where a creditor transfers its rights, the assignee obtains subordinate rights related to the creditor's rights, unless the subordinate rights are exclusive to the creditor itself.

    1. Can the creditor's rights be transferred?

    1) It is not transferable according to the nature of the contract;

    2) It may not be transferred in accordance with the agreement of the parties;

    3) It cannot be transferred in accordance with the provisions of law.

    2. If the creditor transfers its rights, it shall notify the debtor. Without notice, the assignment is not effective against the debtor. Notice of the assignment of rights by a creditor may not be revoked except with the consent of the assignee.

    3. If the debtor transfers all or part of the obligations of the contract to a third party, it shall obtain the consent of the creditor.

    2. What are the creditor's rights and debts that may not be transferred in the civil law?

    According to the relevant laws and regulations, the creditor may transfer all or part of the rights of the contract to a third party, except in any of the following circumstances: (1) it cannot be transferred according to the nature of the contract. 2) It may not be transferred in accordance with the agreement of the parties;

    3) It cannot be transferred in accordance with the provisions of law. If the creditor transfers its rights, it shall notify the debtor. Without notice, the assignment is not effective against the debtor.

    1) It is not transferable according to the nature of the contract;

    2) It may not be transferred in accordance with the agreement of the parties;

    3) It cannot be transferred in accordance with the provisions of law.

  4. Anonymous users2024-02-12

    The façade contract does not expire and can be transferred with the consent of the lessor. If it has been stipulated in the lease contract that it may be subleased, or the lessor agrees to sublease, the lessee may lease to a third party. The newly signed lease contract shall conform to the wishes of both parties, and the lessee shall not build in the house without authorization, shall not default on rent, and shall not exceed the remaining lease period.

    1. How should I deal with the problem of illegal subletting?

    1. The lessee may, with the consent of the lessor, sublease the leased property to a third party.

    If the lessee subleases, the lease contract between the lessee and the lessor shall continue to be valid; If a third party causes the loss of the leased property, the lessee shall compensate for the loss.

    2. If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.

    3. If the lessee subleases the leased property to a third party with the consent of the lessor, and the sublease term exceeds the remaining lease term of the lessee, the agreement on the excess part shall not be legally binding on the lessor, unless otherwise agreed between the lessor and the lessee.

    2. How to sign a contract for the sublease of residential housing.

    The sublease of residential premises shall be handled with the consent of the lessor, and if it has been agreed in the lease contract that it can be subleased, or if there is no agreement but the lessor agrees to sublease, the lessee may lease it to a third party. The signed sublease contract shall be in line with the wishes of both parties, clearly stipulating that the third party shall not build in the premises without authorization, and the contract date shall not exceed the remaining lease term.

    3. What are the consequences of tenants subletting without the consent of the landlord.

    The consequence of subletting without the landlord's consent is that the landlord can terminate the lease contract. If, without the consent of the lessor, the lessee subleases the leased house, and the lessor terminates the housing lease contract, the lessor requests the lessee to return the part of the interest collected from the third party in excess of the rent receivable by the lessor, the people's court shall support it. According to the relevant regulations, the lessee may, with the consent of the lessor, sublease the leased property to a third party.

    If the lessee subleases, the lease contract between the lessee and the lessor shall continue to be valid; If a third party causes the loss of the leased property, the lessee shall compensate for the loss. If the lessee subleases without the consent of the lessor, the lessor may terminate the contract. If the lessee subleases the leased property to a third party with the consent of the lessor, and the sublease term exceeds the remaining lease term of the lessee, the agreement on the excess part shall not be legally binding on the lessor, unless otherwise agreed between the lessor and the lessee.

    Article 716 of the Civil Code.

    The lessee may, with the consent of the lessor, sublease the leased property to a third party. If the lessee subleases, the lease contract between the lessee and the lessor shall continue to be valid; If a third party causes the loss of the leased property, the lessee shall compensate for the loss. If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.

    Article 717.

    If the lessee subleases the leased property to a third party with the consent of the lessor, and the sublease term exceeds the remaining lease term of the lessee, the agreement on the excess part shall not be legally binding on the lessor, unless otherwise agreed between the lessor and the lessee.

  5. Anonymous users2024-02-11

    The priority renewal of the lease contract after the expiration of the lease contract will only occur when the parties agree in the lease contract, and if there is no agreement, it is difficult for the law to enforce the rental house.

    The right of first refusal means that there is a right of priority or the right of first refusal in the establishment of a lease contract under the same conditions.

    However, the right of first refusal is only a legal term, not a legal concept, and is not specifically stipulated in the Civil Code of the People's Republic of China, but a legal right extended according to the right of fairness in civil legal relations.

    1. Will the contract expire immediately upon expiration?

    If it is a contract with a fixed term, the contract will automatically expire when it expires.

    The signed contract stipulates that the employee must take the initiative to renew the contract after expiration, otherwise it will be regarded as a renewal, which has legal effect;

    If the employee does not renew the contract, and the employer does not actually renew the contract with the employee, it is deemed to be renewed in accordance with the contract. After the expiration of more than one month, the employee may terminate the employment relationship on the grounds of "failure to sign a written labor contract", but the labor arbitration will not support economic compensation.

    The parties may agree on conditions for the validity of the contract. A contract with conditions for entry into force shall take effect when the conditions are fulfilled. A contract with a condition of termination shall expire when the condition is fulfilled.

    The validity of a contract is the binding force of a legally established contract given by law. The validity of the contract is the legal binding force of the contract that is established in accordance with the law and protected by law, and the parties to the contract must perform their obligations under the contract, that is, the legal effect. This "legal effect" does not mean that the contract itself is law, but that because the will of the parties to the contract conforms to the will of the state and the interests of society, the state gives binding force to the will of the parties, and requires the contract to strictly perform the contract by the parties, otherwise it will rely on the coercive power of the state to require the parties to perform the contract and bear the liability for breach of contract.

    The validity of the contract between the parties can be counted and agreed upon by a time limit. A contract with an effective period shall take effect upon the expiration of the period. A contract with a term of termination shall be terminated upon the expiration of the term.

    2. Do I need to write a resignation report when the contract expires?

    There is no need to write a resignation report when the contract expires, and the labor contract will be terminated under any of the following circumstances:

    1) The term of the labor contract has expired;

    2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

    3) The worker dies, or is declared dead or missing by the people's court;

    4) The employer has been declared bankrupt in accordance with law; Wait a minute.

  6. Anonymous users2024-02-10

    Legal Analysis: To do or not to do is the freedom given to you by law.

    The basis of the law is the Civil Code of the People's Republic of China

    Article 5: Civil entities engaging in civil activities shall follow the principle of voluntariness, and establish, modify, or terminate civil legal relationships in accordance with their own wishes.

    Article 6: Civil entities engaging in civil activities shall follow the principle of fairness in Changzao, and reasonably determine the rights and responsibilities of all parties.

  7. Anonymous users2024-02-09

    The façade can be transferred if the contract does not expire, but the owner of the façade shall notify the lessee within a reasonable period of time before the sale, and the lessee has the right of first refusal to purchase under the same conditions, and if the lessee does not expressly indicate the purchase within 15 days after fulfilling the notification obligation, it shall be deemed that the lessee has waived the right of first refusal. Legal basis: Article 726 of the Civil Code of the People's Republic of China If the lessor sells the leased house, it shall notify the lessee within a reasonable period of time before the sale, and the lessee shall have the right of first refusal to purchase under the same conditions; However, this does not apply to the fact that the co-owners of the house exercise the right of first refusal or the lessor sells the house to a close relative.

    After the lessor fulfills the notification obligation, if the lessee does not clearly indicate the purchase within 15 days, it shall be deemed that the lessee has waived the right of first refusal.

  8. Anonymous users2024-02-08

    Legal analysis: the façade can be transferred without the expiration of the contract, but the owner of the façade shall notify the lessee within a reasonable period of time before the sale, and the lessee has the right of first refusal to purchase under the same conditions, and if the lessee does not expressly indicate the purchase within 15 days after fulfilling the notification obligation, it shall be deemed that the lessee has waived the right of first refusal.

    Legal basis: Article 726 of the Civil Code of the People's Republic of China If the lessor sells the leased house, it shall notify the lessee within a reasonable period of time before the sale, and the lessee shall have the right of first refusal to purchase the same coarse pieces; However, this does not apply to the fact that the co-owners of the house exercise the right of first refusal or the lessor sells the house to close relatives. If the lessee fails to make a clear indication of the purchase within 15 days after the lessor has fulfilled the notification obligation, it shall be deemed that the lessee has waived the right of first refusal.

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