| Currently there are many academic discussions on Article 229 of the Chinese Contract Law, but hardly any illustration of its specific legal effect. This article tries to establish the "contract status undertaking" mode, rather than the negative lessee confrontation mode. In order to safeguard the lessee's right to know, the notification duty of the leassor should be established when ownership changes by analogy of Article 60 of the Contract Law. According to Article 163 and Article 229 of the Contract Law and Article 163 of the General Principles of the Civil Law, when the original lessor collects rent in advance, the assignee's claims of unjustified enrichment or restitution to the original lessor should be affirmed after the delivery of the subject. The lessee could fight against the assignee's rent payment claim with his discharge to the original lessor. In a business contract, the assignee's damage could be remedied through the right minor faults guarantee system. When the lessor assigns the future rent right in advance, the priority of assignee should be affirmed through interpretation. The assignee's damage could be remedied by other systems, such as avoidance of contract, liability for breach of contract, and culpa in contrahendo in civil law. As to the reserve of the status of the lessor, it is considered that the reserve has no effect without the lessee's consent. But it can be conditionally accepted as being effective in legislation in order to promote the flow of assets. As for the deposit in leasing, the subordinate nature of deposit contract should be upheld. Considering the nature of deposit and the balance of interests, the new owner's return should not be based on the existence of real delivery. |
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