Study On The Pre-emptive Right Of Lessee

Housing tenant for first refusal right is the important civil legal system; country laws and regulations did make many relevant improvements for it in recent years, and these provisions played an important role of meeting the development needs of the community, and to stabilize the economic order and promote physical use. However, the development of any system cannot be that perfect, this paper put forward proposals for the improvement of housing tenant for first refusal right.In the first chapter, the author presented many questions in two cases, and she pointed out that the housing tenant right of first refusal system in China's judicial practice trial results are not uniform. These two cases are happened before "Property Law" and "rental contract interpretation," introduced in China; one of reasons for this situation is the refusal of the previous understanding of the nature of the lessee is not accurate, such as its classified as property, the court will often verdict between the lessor and the third contract for the sale invalid and directly confirm the lessee and the lessor to reach contract for the sale of the same content with the first two trading relationship. Then the second chapter, the author used a simple statement of the length of the concept of pre-emptive rights in housing and tenant history, introduced after the tenant right of first refusal on the nature of some doctrine, were property that the claim said that with the formation of the right of the right to expect that, on this basis, the author analyzes the nature of the system come to the lessee for the formation of preemption right. Chapter II of the tenant right of first refusal on the value of the author function of a simple assessment, the system has raised several social values such as protection of the weak position and increase the lessee's material use efficiency, and through comparative analysis approach rejects the "abolition of the" point of view, the system confirms the existence of the value of tenant right of first refusal. The third chapter, the author of justice from a system design and practical aspects of the system proposed by the lessee a right of first refusal real flaw in the system design, including the scope of the lessee is not clear, "equal terms" provision does not clearly and during exercise of rights is not clear; judicial practice in the interests of vulnerable or lessee of the lessee to exercise right of first refusal and malicious judicial confusion often, the author of the above aspects are discussed and studied. On this basis, the fourth chapter the author first refusal from the principal to determine the scope of the Lessee, specifically "equal conditions" of the content, a clear period of the lessee to exercise right of first refusal and balance the lessor, the lessee and the third person of interest The four aspects of the system proposed for the improvement proposals.