论动产的转租

世界各国通行的做法是对承租人的转租进行限制,即转租必须经原出租人的同意;这样的规定是出于保护原出租人利益的考虑.实际上,正常的转租并不损害原出租人的利益,且有利于转租人,所以法律应采允许自由转租的立场;但为了防止给原出租人造成损害,对转租合同的内容也应以一定程度的限制.

Comment on the Re-lease of Chattel

The general practice o f the world is to limit the re-lease of the leaser, that is, the re-lease is subject to the agreement of the original leasee, whose benefit is protected via such stipulation. In fact, normal re-lease doesn't harm the benefit of the leasee but is beneficial to him,; therefore, the law adopts the stand of free re-lease. However, in order to prevent any harm to the original leasee, there should be some limits to the content of a re-lease contract.