A Suggestion of the Tenant's Right of Defence against Poverty into the Chinese Civil Code—On the Construction of the System of Right of Defense against Poverty

Abstract

The home rental disputes continue, in the face of the tenant's strong malicious price increase, termination, interest-driven and unexpected situation, the tenant in a vulnerable position falls into a predicament and is in constant panic, which is not only a social problem, but also a legal problem. Therefore, it is particularly necessary to justify the tenant's right of defense against poverty. The lessee's right of defense against poverty refers to the lessee's right to refuse to perform if performance is bound to affect his survival interests, based on his own poor situation. In terms of value measurement, it focuses on the protection of survival interests. It is not only supported by the reality of sample survey, but also by human rights theory, residential rights theory and extraterritorial law, which is feasible. So the right of defense against poverty should be perfected in legislation and interpreted the system in court.