The Discussion Of Pre-emptive Right Of Building Tenant

Pre-emptive right of building tenant means that building tenant has the right, enjoyed by law, to buy the leased property when the lessor sells it prevail over a third party under the same conditions. Article 230 of Contract Law provides the pre-emptive right of building tenant , but the provisions is too simple and rough, as a result, decisions of the court are not uniform around the situation.Introduction describes a case of judicial decisions in practice, in addition to the introduction, the text is divided into three parts.The first chapter, "the form of pre-emptive right of building tenant." The system of pre-emptive right of building tenant is to promote the value orientation of the main the best use and protect the interests of the lessee's use. Pre-emptive right of building tenant begins in the establishment of the building tenant lease contract, only when the lessor sells the property can the tenant who occupys it exercise the right. Chapter II, "the nature of pre-emptive right of building tenant." The legal nature of the right is a fundamental issue. To discuss the nature should be within the system with a standard for comparison. Classified according to mode of action, the nature of the lessee's right is the right of formation; in accordance with the subject of rights, the nature of the lessee's right is the creditor's right. The pre-emptive right of building tenant and the co-owner's right may conflict, as a principle, the co-owner's right should be prior. Whether the pre-emptive right of building tenant or the right of the third party in good faith has priority can be different as the case changes.Chapter III, "the realization of pre-emptive right of building tenant." The determination of"same conditions"is the focus, the lessee, and the lessor should abide by certain rules. The lessor shall notify the lessee when he shows his intention to sell the property, and notify again after "same conditions" are determined. In the auction and other circumstances, there are some special rules for the exercise of pre-emptive right. As the result of the formation of the right, a sales contract forms between the lessor and the lessee under the same conditions, and as the result of a kind of creditor's right, the lessee can claim consempation when the conctract fails.