The relevant qualification certificates issued by the state shall be held and used by myself and shall not be lent to others. "Lease" the certificate to others for use, except that this practice does not conform to the law, once a dispute occurs, the rights and interests will not be protected by law. However, building, medical care and other professional rental permits are more risky. In the event of an engineering accident or medical accident, the holder will also be punished. Lease refers to the behavior that the lessor transfers the right to use assets to the lessee for lease within the agreed time limit. The main reasons for the existence of leasing are: tax saving; Reduce transaction costs; Reduce uncertainty. Leasing is an economic behavior of borrowing in kind at a certain cost. The lessor gives a certain item it owns to the lessee for use, and the lessee obtains the right to use the item for a period of time, but the ownership of the item is still in the lessor's hands. The lessee has to pay a certain fee (rent) to the lessor to use it.
Derivative problem:
Second, the most effective way to deal with lease contract disputes.
(a) through consultation.
Disputes between the parties to the house lease shall be settled through consultation.
(two) if negotiation fails, bring a civil lawsuit or apply for arbitration.
If negotiation fails, it shall be settled in accordance with the civil litigation agreed in the house lease contract or by applying for arbitration. Arbitration is a legal way for citizens, legal persons or other organizations to apply to the Arbitration Commission for settlement of contract disputes or other property rights disputes. However, if the parties settle their disputes by arbitration, it shall be voluntary, and an arbitration agreement shall be agreed in the contract in advance or reached afterwards. If there is no agreement in the contract in advance and the parties fail to reach an arbitration agreement afterwards, if one party applies for arbitration, the Arbitration Commission will not accept it.
If the parties agree in the house lease contract to settle the dispute by litigation or fail to reach an arbitration agreement after the dispute occurs, they may directly bring a civil lawsuit to the people's court. If the parties to the lease violate the relevant provisions and the lease contract is invalid, they shall bear civil liability according to law.
Characteristics of lease contract
(1) A lease contract is a contract to transfer the usufructuary right of the leased property. In the lease contract, the lessee's purpose is to obtain the usufructuary right of the lease item, and the lessor only transfers the usufructuary right of the lease item without transferring its ownership; When the lease contract is terminated, the lessee shall return the lease item. This is the fundamental feature that distinguishes the lease contract from the sales contract.
(2) The lease contract is a two-way and paid contract. In the lease contract, there is a consideration relationship between paying the rent and transferring the usufructuary right of the leased property. Paying rent is the consideration for obtaining the usufructuary right of the leased property, and obtaining rent is the purpose of the lessor to rent the property.
(3) The lease contract is a commitment contract. The establishment of a lease contract is not based on the delivery of the leased property. As long as the parties reach an agreement according to law, the contract is established.
Second, the most effective way to deal with lease contract disputes.
(a) to resolve disputes arising from the lease of the house through consultation, which shall be settled by both parties through consultation;
(two) if negotiation fails, bring a civil lawsuit or apply for arbitration.
If negotiation fails, it shall be settled in accordance with the civil litigation agreed in the house lease contract or by applying for arbitration. Arbitration is a legal way for citizens, legal persons or other organizations to apply to the Arbitration Commission for settlement of contract disputes or other property rights disputes. However, if the parties settle their disputes by arbitration, it shall be voluntary, and an arbitration agreement shall be agreed in the contract in advance or reached afterwards. If there is no agreement in the contract in advance and the parties fail to reach an arbitration agreement afterwards, if one party applies for arbitration, the Arbitration Commission will ignore it. If the parties agree in the house lease contract to settle the dispute by litigation or fail to reach an arbitration agreement after the dispute occurs, they may directly bring a civil lawsuit to the people's court. If the parties to the lease violate the relevant provisions and the lease contract is invalid, they shall bear civil liability according to law.
legal ground
Article 707th of the Civil Code of People's Republic of China (PRC). If the lease term exceeds six months, it shall be in written form. If the parties fail to determine the lease term in writing for more than six months, it shall be in writing. If the parties fail to determine the lease term in writing, it shall be regarded as an indefinite lease. If the lease term is fixed, it shall be regarded as an indefinite lease.
Article 710 Where the lessee uses the lease item in accordance with the agreed method or the nature of the lease item, thereby causing losses to the lease item, it shall not be liable for compensation.
Article 715 The lessee may, with the consent of the lessor, improve or add the lease item. If the lessee improves or adds other things to the lease item without the consent of the lessor, the lessor may require the lessee to restore the original state or compensate for the losses.
Article 266 of the Criminal Law of People's Republic of China (PRC). Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.