房产租赁合同效力探析——以深圳某房产租赁合同纠纷为例

Issues Concerning the Validity of Real Estate Leasing Contract——Take a Real Estate Leasing Contract Disputes as an Example

房产租赁合同存在无效附属协议是否影响主合同效力,法定代表人口头承诺的法律效力,可变更、撤销合同的变更、撤销方式等三个问题。附属合同或合同中部分条款无效不能决定主合同效力,但可根据无效条款提供的信息推断当事人的主观方面,构成欺诈、重大误解、显失公平的,应认定合同效力为可变更、撤销。法定代表人个人经营性行为可以代表法人,代表的形式可以是口头合同,法定代表人口头承诺具有法律效力。可变更、撤销合同的变更、撤销权为形成权,变更、撤销方式以诉讼、合意为主,依诉行使的撤销权为形成诉权,单方意思表示原则上也会引起合同的变更和撤销。

There are plenty of issues concerning Real Estate Leasing Contract, for example, whether the invalid subsidiary agreement can affect the validity of the contract, the legal effect of legal representative on an oral commitment, and the manners of change, the change of cancellation of contract and revocation. Subsidiary contract or parts of terms being void could not decide the validity of the main contract. However we can infer the subjective aspects of the parties by the information provided by the invalid clause. The contract should be voidable if there are fraud constitution, serious misunderstanding and clearly unfair. The legal representative＇s personal business behavior can represent the legal person, and the represent form could be oral contract so the verbal commitment of the legal representative has legal effect. The right of the change, the change of cancellation of contract and revocation is right of formation, so the manners of revocation and change are mainly lawsuit and consensus. According to the lawsuit exercising right of rescission is right of formation, so the unilateral purpose expresses also cause change and cancellation of contract in principle.