In the case of fixed-term lease contracts,how should we respond to a lessees'needs to exit a lease when they no longer have any need of it?Theoretically,whether the law allows the lessee to sub-let to a third party(loosening the"person-lock"),or the law allows the lessee to pay a specific price to terminate the contract(loosening the"term-lock"),can achieve the goal of releasing the leased property and improving the situation of both parties to the lease.However,at the practical level,loosening the"term-lock"causes an inadequate remedy for damages in side of lessors;induces a new lease deadlock and worsens the lessee's situation.Instead,a proposed subletting option that loosens the"person-lock"is the better option.Chinese law should fully consider a reasonable sublet rule for lessees who no longer need to rent a property.If we adopt a default rule to allow a lessee to sublet the property to another subletter,then the issue of terminating the fixed-term contract early by the breaching party will no longer be the important problem that it has previously been.
Contract DeadlockRight to Termination of the Breaching PartyFixed-Term Lease ContractsSublease
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