Traditional Culture Encyclopedia - Hotel reservation - What's the difference between renting a boat and renting a house?

What's the difference between renting a boat and renting a house?

Legal analysis:

The difference between contracting and leasing: 1, with different objects. Contract management is based on certain production and operation tasks, and the object is operating results; Lease management is based on the transfer of asset use right and enterprise management right, and the object is assets. 2. The degree of separation between ownership and management is different. Contractors have the rights of production and operation, personnel and labor management, employee rewards and punishments, etc. However, these rights are exercised under the control of the higher administrative department, and their autonomy is incomplete; The degree of separation between the two rights in leasing operation is more thorough, and the enterprise is no longer an appendage of the administrative department. Operators not only have the right of enterprise organization, income distribution, production and operation decision-making, hiring and dismissing employees, etc. , you can also adjust the business direction of the enterprise according to market demand, and go through the formalities of change registration in accordance with relevant state regulations. 3. Operators bear different risks. When the contractor fails to complete the task, only administrative responsibility and economic responsibility shall be investigated according to the seriousness of the case. Such as appropriate withholding of wages and bonuses; Lease operators implement property guarantee. The lessee must issue a certain proportion of cash to the leased property as a guarantee, or issue a guarantor of the same property as a guarantee. In terms of rights, risks and motivation, it is higher than contracted management. 4. The ownership of retained profits of enterprises is different. The new assets formed by the after-tax profits of contracting enterprises are still owned by enterprises, not by individuals; All or part of the value-added assets formed by the lessee in the process of lease operation are owned by the lessee. 5. Foreign enterprises have different names. A lease contract generally means that one party rents the other party's site in its own name for business activities and pays a certain lease fee. A contract is that one party engages in business activities in the name of the other party and pays a certain contract fee.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 703 A lease contract is a contract in which the lessor delivers the lease item to the lessee for use and profit, and the lessee pays the rent.

Article 704 The contents of a lease contract generally include terms such as the name, quantity, purpose, lease term, rent, payment term and method, and maintenance of the lease item.

Article 705 The lease term shall not exceed 20 years. More than twenty years, the excess part is invalid. At the expiration of the lease term, the parties may renew the lease contract; However, the agreed lease term shall not exceed twenty years from the date of renewal.

Article 707 Where the lease term is more than six months, it shall be in written form. If the parties fail to determine the lease term in writing, it shall be regarded as an indefinite lease.

Derivative problem:

What are the categories of non-residential housing rental?

1, directly manage non-residential housing lease. This is the main form of industrial and commercial housing that continued from the planned economy period. Due to historical reasons, most state-owned non-residential houses are loosely managed, with incomplete files, more houses are relocated and rebuilt, users are replaced, the source of investment is unknown, and the level of houses is declining year by year due to self-study and non-professional management. The object of leasing is mainly industrial and commercial enterprises, and the rent is mainly approved by the government, and the rent level is low. In recent years, some cities have gradually liberalized the rent price, adopted various forms such as rent negotiation and rent auction, and gradually transitioned to market rent, and the market value of state-owned non-residential houses has gradually emerged. However, in the process of urban transformation and enterprise restructuring, these houses are lost and transferred with the transformation and demolition of enterprises. 2. Commercial housing lease. Commercial housing leasing is a new form of leasing under the condition of market economy in recent years, which is obviously different from traditional public and private housing leasing. Rent is greatly influenced by market supply and demand, and both parties embody the principles of voluntariness, fairness and mutual benefit. The lessors of commercial housing are mainly real estate groups, companies or owners with strong financial strength. Most of the rented houses are commercial houses with relatively large investment scale, including hotels, office buildings, comprehensive shopping malls, storage rooms, etc., and some of them are specially invested and built in order to establish a certain commodity trading market. Perhaps some projects were originally intended to be sold, but due to market factors, national macro-control, land lease norms, investment costs, purchasing power and other reasons, in order to digest the backlog, the investment was gradually recovered by leasing. The leasing methods of commercial housing include self-leasing by developers, charter by leasing companies, leaseback after sale, pre-leasing, etc. In addition, there are property-based hotels, which are also a kind of leasing behavior in essence. 3. Lease of production sites. The rental of production houses accounts for far less than that of commercial houses in the non-residential housing rental market. Most of the rented houses are used by small companies with limited scale to produce and process small industrial products and household items. Most of the lessors are industrial and mining enterprises that have stopped production, closed down or closed down, and use idle factories and workshops to rent out and obtain certain profits. Usually, the rent of these houses is mostly in the form of agreement rent, and the rent payment is mostly regular or one-time payment.