| 英文摘要 |
In the “post-epidemic era”, it is still of great theoretical and practical significance to review and reflect on the jurisprudence about the disputes resulting from epidemic. Commercial premises lease disputes are the most typical ones. In the face of the performance obstacles of the commercial premises lease contract caused by the epidemic, the application of the rules about the termination and modification of contract is particularly prominent at the remedy level. In this regard, there is some important practical experience accumulated in the jurisprudence, but in the understanding of the principle of change of situations and force majeure, it is necessary to make more prudent judgment combined with the particularity of the right and obligation allocation of the commercial premises lease contract. In according to the problem of “the right of termination of the parte in breach of contract’’, we can only use the principle of good faith to limit the abuse of rights by the lessor and exceptionally allow the commercial premises lease contracts terminated due to significant reasons. As for the cases where rent is paid in advance before the performance obstacles, judges may adjust rent based on the principle of change of situations, but there is a risk of undue interference in the private field when modifying the contract in accordance with the principle of fairness. At the policy level, compared with rent reduction, subsidies and support for small and micro enterprise lessees in operating difficulties seem to be a more desirable direction when confronting public health events such as an epidemic. |
