谈房屋租赁登记的效力及其立法完善

Towards the Effect of Registration of Accommodation Leases and the Improvement of Its Legislation

长期以来,对未经登记的房屋租赁合同效力在认识上颇有分歧,轻率认定该类合同无效,于法无据,于理不通,于房屋租赁业发展不利。从理论与实际的结合来分析,以确认其具有法律效力、但不能对抗善意第三人为宜。

For a long time, there has existed disagreement as to the effect of unregistered accommodation leases. This kind of leases are rashly considered to be invalid, which has no legal basis, stands to no reason and does no good to the development of accommodation lease service. An analysis made from the angle of theory and reality helps to confirm that such leases have the effect of legal principles, but had better not be used to oppose the kind third person.