(the 793rd times conference discussion passes committee of trial of top people court) the law is sent [1996] 19 date

Rent contract dispute case to try financing correctly, ensure the legitimate rights and interests of party, carry out experience according to the concerned regulation of our country and adjudgement, make following provisions especially:

One, the party of case of dispute of the financing contract that rent should include lessor, tenant. Whether should the person that offer money label party, by forensic basis the particular case of the case is decided. But there is arbitral article in supply agreement ought not to label the person that offer money party.

2, the tenant in the financing contract that rent is used actually with the content that rent when the person is abhorrent, the court can decide to will make choose and employ persons labels case party actually according to actual condition.

3, the party of case of dispute of the financing contract that rent, can the court of justice that the agreement chooses to have actual connection place with controversy administer. Party did not choose administer of the court, should fulfill ground court by ground of the accused abode or contract administer. The use ground of the content that rent fulfills the ground for what financing rents a contract.

4, the party of case of dispute of the contract of financing of concerning foreign affairs or foreign nationals that rent is OK the law with applicable place of dispute of contract of consultative choice processing; Party does not have a choice, the law of applicable tenant seat.

5, the item that place of the financing contract that rent involves ought to sign up for be approved via concerning a section and without approval, should maintain financing to rent contract become effective.

6, have one of following state, should maintain financing to rent a contract to be invalid contract: Lessor does not have those who be engaged in financing renting scope of operations; Tenant and ill will of the person that offer money are colluded with, of diddle lessor capital; With financing country of avoid of form of the contract that rent concerns law, code; According to sets about law, code invalid.

7, after financing rents a contract to be decided to disable, should distinguish following scenario handles respectively: Because the fault of tenant causes the contract that rent to disable, lessor does not ask to return what still rent content, the content that rent need not grant to return still, but the loss that because its fault is caused to lessor,tenant should recoup; Because the fault of lessor causes a contract to disable, tenant asks to return the content that rent, can return the content that rent, if have a loss, lessor should recoup corresponding loss; Because rent the common mistake of person and tenant causes what the contract disables, can return still rent content, assume corresponding loss and liability to pay compensation severally according to fault size. The content that rent is continueing to use and produce beneficial result, return to renting content to whether be returned, can talk things over solve; Do not talk things over, by forensic basis actual condition enters a judgement.
Previous12 Next