The Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (I)

Article 17 stipulates: "The provision in Article 17 of the Marriage Law that' husband and wife have equal right to dispose of the property owned by husband and wife' should be understood as:

(1) Husband or wife have equal rights in dealing with marital property. Due to daily needs, either party has the right to decide whether the husband and wife have joint property.

(2) If one of the spouses makes an important decision on the common property of the husband and wife due to the needs of daily life, the husband and wife shall reach an agreement through equal consultation. Others have reason to believe that it was expressed by both husband and wife, and the other party shall not oppose a bona fide third party on the grounds of disagreement or ignorance. "

According to this regulation, renting a house or renting a house is a trivial matter in the daily life of the family. Both husband and wife have the right to decide, and they do not need to sign it together.

Extended data:

Precautions:

1. Check each other's identity documents when signing the contract, and keep copies of each other's identity cards. It is best to add a temporary residence permit issued by the local police station.

2. The date of signing the contract and the due date of the rent, as well as the way and date of paying the rent, and how to compensate if the landlord cancels the contract in advance. Write down the list of indoor items, even the smallest thing, and how to compensate for the damage.

3. Signing a written "House Lease Contract" The contract law stipulates that if the lease term is more than six months, it shall be in written form. If it is not in writing, it is regarded as an indefinite lease. In addition, in the absence of a written contract, the rights and obligations of both parties are not easy to determine, and disputes are easy to occur. Therefore, regardless of the lease term, it is best to sign a written lease contract to clarify the rights and obligations of both parties.

4. The agreement on decoration should be clear. When the lease contract expires or terminates, how to deal with the decoration of the leased house by the lessee has always been a hot issue in practice. According to the judicial interpretation of the Higher People's Court, if there is no explicit agreement in the contract, it shall be handled separately according to each situation. Therefore, it is suggested that when signing the lease contract, both parties should make clear the ownership, discount, demolition and repair of decoration according to the actual situation.

5. The amount of RMB rent and the specific delivery method shall be clearly agreed by the payer of utilities, cable TV, sanitation and heating fees.

References:

Baidu Encyclopedia-Some Issues on the Application of the Marriage Law of the People's Republic of China by People's Courts