According to the provisions of the Civil Law, the house lease contract signed between family members is entrusted by the parties. If the lease contract complies with the law, it has legal effect.
People's Republic of China (PRC) Civil Code
Article 143 A civil juristic act that meets the following conditions is valid:
(1) The actor has corresponding capacity for civil conduct;
(2) the meaning is true;
(three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
Article 161 A civil subject may carry out a civil juristic act through an agent.
In accordance with the provisions of the law, the agreement of the parties or the nature of civil legal acts, civil legal acts that should be implemented by themselves shall not be represented.
Article 165 Where the power of attorney entrusts an agent with written authorization, the power of attorney shall specify the agent's name, agency matters, authority and time limit, and shall be signed or sealed by the principal.
Second, how to determine the termination time of the house lease contract?
In practice, we should distinguish the following situations:
1. Before the lawsuit, one party exercises the right to terminate the contract and notifies the other party to terminate the contract. If the other party raises an objection, and the court considers that the parties exercise the right to terminate the contract in accordance with the contract or legal provisions, the date of service of the notice of termination of the contract shall be the date of termination of the contract. If the litigant's claim does not require confirmation of the specific time for the termination of the contract, it can be made clear in the judgment reasons.
2. If one of the parties directly files a lawsuit or counterclaims to terminate the contract without notifying the other party, and the court considers that the exercise of the right to terminate the contract conforms to the contract or legal provisions, it shall order the termination of the contract.
Both parties have a dispute about whether to terminate the contract. After hearing the case, the court held that the party who advocated the termination of the contract had no right to terminate the contract and the contract should continue to be performed. However, if both parties agree to terminate the contract in litigation, the termination date agreed by both parties shall be the termination date.
Through the above analysis, we can know that according to the provisions of the Civil Code, the actor of the rental contract signed by the family has corresponding civil capacity; Meaning is truth; If it does not violate the mandatory provisions of laws and administrative regulations or public order and good customs, it has legal effect. If you need legal help, readers can consult.