企业超长期租赁合同的成因及应对策略

The Causes and Countermeasures of the Long-term Enterprise Lease Contract

20世纪末期一些企业为盘活国有资产,将部分资产对外出租,租赁期限介于20年至70年。超长期合同的存在,激化了出租方与承租方之间的矛盾,导致部分国有企业难以实现国有资产保值增值。针对这些问题,文章从超长期租赁合同的概念出发,分析超长期租赁合同存在的原因及法院对超长期租赁合同的认定,进而为企业应对尚未处理完毕的超长期合同提供应对策略及防范措施。

Real estate leasing occupies an important position in the real estate industry. However, due to the early operating time, long duration of state-owned enterprises, and the relatively large stock of state-owned allocated land,some enterprises revitalized state-owned assets at the end of the 20 th century and leased part of their assets to the outside. The lease term was between 20 and 70 years. Although the term exceeds the maximum lease term specified in the Contract Law, some lease contracts were signed before the Contract Law took effect. The existence of ultralong-term contracts has intensified the contradiction between the lessor and the lessee, making it difficult for some state-owned enterprises to maintain and increase the value of state-owned assets. In response to these problems, this article starts from the concept of ultra-long-term lease contracts, analyzes the reasons for the existence of ultralong-term lease contracts and the court’s determination of ultra-long-term lease contracts, and then provides coping strategies and preventive measures for companies to deal with unfinished ultra-long-term contracts.