On The Preemptive Right Of Lessee Of Lodge

The system of the preemptive right of lessee has a time-honored history which has been established in Rome Time. The system has played a key role in promote the best use of the property and the combination of the utility and ownership. The system of the preemptive right of lessee is stipulates in different law system. China's current law has the system of the preemptive right of lessee, but still have many aspects need to be specified which leads to the chaos of the system in practice. In order to solve those problems and further clear the system of the preemptive right of lessee, the paper will be divided into four chapters to discuss the system.Chapter one discusses the value of the system of the preemptive right of lessee, refute the idea of abolish the system by analyses the necessity and irreplaceable of this system and pave a path for the discussing of the effect of this system the following chapter will discuss in the mean time.Chapter two discusses the character of this system which is the core of this system. The character of this system leads to the results of the using of the preemptive right. The character of this system is the premise to solve the certain disputes in the practice. The character of this system is one of the most controversial issues in the property law, Based on the current property law of China, the analyses on the related domestic and outside theories and legislation of the preemptive right system, and the successful legislative experience, the author comprehensively makes a deep analysis and systematic study on the system of the preemptive right of lessee.Chapter three discusses the legal effect of this system. Due to the unspecified of the regulation of this system, sometimes the very same case has the different results in different court. The author points out the legal effect by introducing three different cases, to analysis the legal effect of the system of the preemptive right of lessee and the third party.Chapter four discuss the legal right for relieve lessee. The current law has no regulation on the preemptive right of lessee, let alone the legal right for relieve lessee. The author put forwards some advices on improving the legal right for relieve lessee by combines the character and effect of this system and the different conditions. Hope to provide some useful information to the legal practice.