违法转租与无权处分、不当得利

Illegal Sublease, Unauthorized Disposition and Unjust Enrichment

违法转租中 ,转租人能力的欠缺不构成转租合同的效力障碍 ,次承租人有权要求转租人履行其给付义务 ,不当得利返还之客体应依个别、具体的利益标准判断。

In illegal sublease, the inability of sub leaser cannot be an obstacle to the effect of sublease contract. The next sub leaser is entitled to demand the sub leaser to perform the contract. The enrichment should be decided according to individual and concrete interests standards.