商铺门面转让费问题研究（）

商铺门面转让费问题研究（） 商铺门面转让费问题研究() Analysis of the legal attribute of booth transfer fee First, the widespread existence of booth transfer fees and the resulting contradictions Mr. Liu has a booth, 2001 rental to Mr. Ding, the rent is 800 yuan / month, the lease term is 3 years, the two sides signed a lease contract. After the expiration of the contract in 2004, Mr. Ding transferred the booth to Mr. Li after receiving the transfer fee of 20 thousand yuan, and Mr. Li continued to pay rent to Mr. Liu, 900 yuan per month, and the three party did not sign a written contract. In 2005, Mr. Lee transferred the booth to Mr. Zhang after receiving the transfer fee of 25 thousand yuan. Mr. Zhang paid the rent to Mr. Liu about 1000 yuan per month. The parties have not entered into a contract. In June 2008, Mr. Liu informed Mr. Zhang, to recover their stalls, asked Mr. Zhang to move away from the day. Mr. Zhang believes that he sublet to others, you can charge transfer fee of 30 thousand yuan, now Mr. Liu asked to recover the booth can, but asked Mr. Liu return his original payment to Lee's booth, transfer fee 25 thousand yuan. Mr Liu believes that their recent years just received a monthly rent stalls, stall transfer fee has nothing to do with their own stall owner, Mr. Zhang is the lessee of the booth, the two sides have not signed the lease contract, their lease should belong to a non term lease, you can request to terminate the lease at any time to recover from the stall. In this case, the focus of the dispute between the two parties is the booth after several sublease, the tenant between the large booth transfer fee, when the main recovery of the booth, booth transfer fee how to do? In fact, the stall transfer fee problems that people are not unfamiliar, we can see the stall transfer fee information, such as: around two stalls transfer electronic market, transfer fee of 30 thousand; Zhejiang good Nancheng new business opportunities, the transfer fee of 1 million 430 thousand Bairong stalls; Dongfeng North Bridge transfer market stalls, a transfer fee of 1500 yuan and so on. In fact, the operators need to operate in a market, choose a good place of business that is desirable stalls, usually have to pay a substantial transfer fee to the booth, booth to operate. Paying the booth transfer fee is the initial investment that must be paid. There are many people who pay the booth transfer fees, not the actual operators, they are just an investor, specifically to speculation market shops, earn transfer fees difference. This transfer fee is sometimes very impressive, many times will exceed the original value of the shop, is far more than the room mainly charged rent. Two. Analysis of the legal nature of booth transfer fee What is the fee of booth transfer? Why do people have to pay the booth transfer fee? In fact, very simple, before the owner of a rental booth, in this stall for long-term operation, he put the decoration of the shop investment, management and laid a good network base. With the maturity of the market, the booth produces an invisible commercial value, which can bring considerable profits to the operators. The owner of the lease expires, if he has the priority to lease the premises, we paid him a booth transfer fee, his priority to lease the right to buy down, so in the same conditions, we will be able to own the stalls in the large number of competitors. Therefore, the transfer fee booth is a series of profit based on priority lease and pay the transfer fee booth, is actually a kind of investment on the priority right to renew the lease. In fact, a mature market will have a considerable transfer fee in the early market stalls have priority, in the future development of the market, as the market matures, there are stalls before the transfer fee, the profit is sometimes considerable, sometimes a stall transfer fee of up to 50-60 million. The price is limited, and the booth is limited. What investors earn is opportunity profit and monopoly profit. Opportunity is the first and monopoly is the second. Have the opportunity to have stalls, stalls and non renewable generating monopoly, the successor to duotao several times the price, the transfer fee is actually produced with monopoly profit opportunities, namely opportunities for profits and monopoly profits. Many of these investors, This is specifically for leasing the priority to renew this speculation, this speculation is commonly known as "speculation shop", sometimes considerable profits, but the risk is great. Three, the current provisions of China's law and the author's opinion Pay the booth transfer fee is the purchase of the booth the priority to renew this. But in our country, the provisions of laws and administrative regulations are not the priority to renew this ". The priority in China's "contract law" of the lease contract provisions of chapter 230th: the lessor sells the leased property, shall, within a reasonable time before the sale notice of the lessee, the lessee enjoys the right of first refusal under the same conditions. The provisions of the preemptive right of the lessee, but does not require the lessee's priority to lease the premises. In fact, the priority to renew this is also called the priority of lease, refers to housing lease expires, if the landlord to rental housing, under the same conditions, the original lessee enjoys the right of priority. Therefore, the exercise of the priority to lease the premises shall comply with the three conditions: one is exercised by the original lessee; two is the original after the expiry of the lease contract to the landlord of rental housing; three is to be in the "same conditions", "equal condition" for specific purposes, the lease period, the rental and payment etc.. The "Shanghai housing lease regulations", a special provisions on the priority to renew this problem. The forty-fourth provision of the Ordinance clearly stipulates that the house continues to lease after the lease expires, and the lessee enjoys the priority of lease under the same conditions. This kind of regulation is relatively advanced, and it solves many problems in actual operation. However, its legislative level is low and there is no universality. Therefore, in practice, the priority to renew this booth and there is no legal basis for the issue of transfer fee. However, it is not impossible to solve the above problems. Usually, the priority to renew this lease contract is based on the agreement of the parties arising. In this case, there are provisions in the law, but the contract in accordance with the principle of autonomy of the parties, the parties on the priority to renew this Agreement does not violate the mandatory provisions of laws and regulations in the case, can get legal support. Therefore, we in the rental housing or shops, the need for special priority to renew this agreement, so as to get legal support in the event of a dispute. As business users or investors in the payment transfer booth time-consuming, to figure out whether the original rental households and homeowners have the priority to renew this agreement, if the original tenant and the original owner of the priority to renew this agreement, according to the agreement, the new tenants pay a transfer fee to buy out the priority to lease right after the landlord agreed to continue to lease the booth, under the same conditions, can be preferred to the booth rental. But the priority to renew this original bearing between the tenant and the owner of the contract, pay the transfer fee to the booth, the housing, if not on the priority to renew this contract between the tenant and the owner of the contract, then the new tenant does not necessarily have the priority to renew. If he takes the priority to renew this, also need to be re agreed with the owner. But if the original lease contract no priority to renew this agreement, the house would not have the priority to lease the premises, then the lessee stalls substantial expenditure transfer fee is very risky. In addition, the priority to renew this subsidiary rights is based on lease contract, the law does not specify the circumstances, the parties need to produce special agreement. Booth lease contract is produced based on the contract agreement of the parties, between the parties will have a contract of creditor's rights, the lessee lessor in accordance with the requirements agreed to keep the lease, the lease period of the lease agreement, ask the lessor to perform obligation of maintenance of the leased property, and the priority of the lease the right to buy (by agreement, can also have the priority to renew this right and so on). However, the lessor is the owner of the lease property rights (ownership), the owner of his own property, according to the law has the right to occupy, use, income, disposition. Owners can rent their own booths for rent, or they can take back their own business. The property right prior to the creditor's rights, ownership of the lessee's priority to lease the premises not against the owner. Therefore, in the booth owner and the tenant does not have the priority to renew this agreement, regardless of the stalls sublet several times, have how huge booth transfer fee, when the owners want to withdraw their own booth, booth is not required to pay the transfer fee. If the agreed on the priority to lease the premises, the owner violates the contract, to recover housing, housing is mainly according to the stipulations in the contract shall bear the liability for breach of contract, rather than pay the priority to renew this booth transfer fee.