The Purchase Option Of Lessee

The purchase option of lessee is subordinated to the priorityregime of the civil law. In the system of continental law, there isspecific stipulation in the civil law of Germany.At ancient times, relevant regulations exist in our country aswell. When it comes to the period of the Republic of China, it was evenstipulated in the civil code. Until now, the civil law of Taiwan stillfollows. Although, at present, it already has relevant regulations aboutlessee's right of purchase option in our law, all of them are still quitesimple. So that it's difficult to be applied in judicial practice.Moreover, numerous legal issues related to purchase option oflessee as the legal attribute, exercising condition, restriction and soon have arisen for a long time. Therefore, the opinions related to howto improve the purchase option system of the lessee still vary in theacademy.Focus on above-mentioned problems, this article will review thepurchase option of lessee, starting from the respects such as the concept,legislative purpose, legislative overview, legal attribute and so on.First of all, this article will discuss the purchase option,summarize essential features based on ascertaining the definition oflessee's purchase option.Secondly, it has fully analyzed the value tropism of the legislationof the purchase option of lessee. Meanwhile, the domestic and overseaslegislation will be reviewed.Thirdly, this article proceeds with basic theories of the civil law,on this basis, the legal attribute of the purchase option is analyzed.Fourthly, this article will analyze the exercising condition and restriction of the purchase option of lessee.Fifthly, discussion will be conducted in respect of the specialissues about the concurrence between lessee's purchase option and thepurchase option of the joint owner as well as the purchase option of thelessee under the situation of auction.Finally, through overall inspects, this dissertation examines themalpractice of the stipulations of our present legislation regarding thepurchase option of lessee, and some concrete assumption will be conductedso that it will benefit our legislation in civil and commercial law fieldin the future.