定期房屋租赁合同僵局的破解

Breaking the Deadlock in Fixed-Term Housing Lease Contracts

摘要: 定期房屋租赁合同僵局作为学界关于合同僵局命题下的一个重要研究对象，通过效率考量明确此种情形被法律介入的正当性基础，两种房屋定期租赁合同僵局分别对应效率原则以及法律拟制双方当事人合意的边界。在此基础上系统探讨其破解合同僵局的可能路径。最终得出结论，在承租人因自己原因无需求的情况下完善转租规则相较于合同解除模式成本更低、操作性更强以及解决问题更加彻底。而对于重大事由出现当事人之间信赖关系基础消灭所造成的合同僵局则应当考虑通过诚实信用原则续造继续性合同重大事由终止制度，从而填补此处存在的法律漏洞。

Abstract: As an important research object under the proposition of contract deadlock, the deadlock of fixed-term housing lease contracts is clarified through the consideration of efficiency, and the justification basis for the intervention of law in this situation is clarified through efficiency considerations. On this basis, the possible ways to break the contract deadlock are systematically discussed. Finally, it is concluded that when the lessee has no need for it due to its own reasons, improving the sublease rules is less costly, more operable and more thorough than the contract termination model. As for the contract deadlock caused by the extinction of the basis of trust relationship between the parties due to major causes, consideration should be given to continuing the system of termination of major causes of continuing contracts through the principle of good faith, to fill the legal loopholes here.