Under the influence of the Xinhuanet epidemic on May 19th, what rules should be mastered in the case of leasing contract disputes in retail catering and other industries? What scale do you grasp? Liu Guixiang, deputy full-time member of the Judiciary Committee of the Supreme People's Court and second-level judge, pointed out on the 19th that under normal circumstances, it does not support the request to terminate the lease contract, but also supports the request to change the contract. In addition, when dealing with disputes in this area, the interests of both parties need to be balanced.

  In April this year, the Supreme People ’s Court issued the "Guiding Opinions on the Proper Trial of Several Civil Cases Involving New Coronary Pneumonia Epidemic Situations According to Law (I)". On this basis, the Supreme People's Court recently formulated this "Guiding Opinions (II)". , Officially released on the 19th. The Information Office of the State Council held a press conference on the 19th to introduce the proper review of civil and commercial cases involving the new coronary pneumonia epidemic in accordance with the law and the establishment of a legalized business environment.

  A reporter asked at the meeting: Due to the impact of the new crown epidemic, the number of passengers in retail and catering industries decreased, sales fell, and it was difficult to withdraw funds, resulting in difficulties in rent payment and other operating pressures. Guidance (2) What is the specificity of the lease contract dispute? According to the regulations of the government, how should the state-sponsored leasing policies on enterprises be reflected in judicial practice?

  Liu Guixiang said that since the outbreak, the outbreak prevention and control measures have prevented some catering services and other service industries from operating, or although some are able to carry out operations, but the number of passengers has decreased, the turnover has fallen, and the return of funds is difficult, facing a very large payment Rental pressure. In view of this situation, certain disputes may occur if the tenant fails to pay the rent or fails to pay the rent on schedule. What rules should be mastered when disputes occur? What scale do you grasp?

  Liu Guixiang mentioned that when solving this problem, he basically grasped two points: First, the epidemic situation and the epidemic prevention and control measures are force majeure. When dealing with lease contract disputes, the 180 general rules of the civil law must be applied, and 117 of the contract law Force majeure regulations. Second, it is necessary to implement a series of policies to benefit enterprises issued by the state and local governments.

  Liu Guixiang pointed out that based on these two points, some specific circumstances were stipulated in the guidance. First, the request to terminate the lease contract is generally not supported. The general situation referred to here is mainly due to the epidemic situation and epidemic prevention and control measures, the lessee's turnover has fallen, and it is difficult to return the funds, and the rent cannot be paid in time or in full. The lessor proposes to cancel the contract. According to the law ’s provisions on force majeure and termination of the contract, it does not support the lawsuit request for termination of the contract.

  Second, under normal circumstances, to support the request to change the contract. The decline in turnover and the difficulty in returning funds are mainly affected by the epidemic situation and epidemic prevention and control measures. At this time, according to the principle of fairness and the specific facts of the business situation of the party and other parties, the rent or the period of rent delivery is adjusted as appropriate. This request is supported in accordance with the guidance.

  In addition, there is a third special case. If the lessor is a state-owned enterprise or administrative institution that leases a house for business operation, according to the corresponding preferential policies issued by the state, the state-owned enterprise or administrative institution as the lessor should follow the policy during the outbreak. Rent exemption for a certain period. If the lessor sues and still asks for rent, or because the lessee has not paid the rent for the past few months, the lessor says that if he breaches the contract and asks for the termination of the contract, the court will not reject it. This is mainly to implement the Preferential policies for rent.

  Liu Guixiang emphasized that in terms of lease contracts, it is necessary to balance the interests of both parties when handling disputes in this regard. In some cases, it may be necessary to allow the termination of the contract. For example, for the Spring Festival, or due to a certain seasonal demand, the venues reserved for exhibitions and temple fairs. If the lease contract continues to be fulfilled at this time, the purpose of the contract cannot be achieved. In this case, the contract is allowed to be cancelled.

  Liu Guixiang added that there is another situation, although affected by the epidemic, it should be considered, but one party has completely determined that it is impossible to pay the rent anymore, the contract can no longer be performed, and it is impossible to pay the rent for a long time. In this case, both parties should be allowed to submit a request to cancel the contract, and the court should support it. In fact, the shackles should be removed earlier, and one party should be asked to find new business opportunities.