The Exploration And Analysis Of Pre-emptive Right Of Tenant In Our Country

Pre-emptive right of tenant refers to the system that is generally established in each country or region in the world. Its own value shall be related to values of modern civil law in our country. Therefore, from this aspect, values of pre-emptive right of tenant in ongoing civil law system of our country shall embody: the design and interpretation of pre-emptive right of tenant must be in accordance with operation procedures; focus on protecting security of housing rental transaction; maintain and stabilize tenant's real utilization of rented house; improve the efficiency of utilization. The paper probes into and analyzes relevant problems concerning pre-emptive right of tenant in order to clarify basic theory and promote the development of sound legislation and judicial practice.This paper is divided into three chaptersChapter I Overview of pre-emptive right of tenant in our countryIn this part, the author firstly introduces status quo and development of pre-emptive right of tenant in our country and values of pre-emptive right of tenant. Secondly, the author introduces, evaluates and analyzes the nature of pre-emptive right of tenant. Theories of the nature of pre-emptive right of tenant are: theory of statutory right, theory of creditor's right or property right, theory of conditional right of formation or right of formation and theory of expectative right. The author agrees with theory of statutory right and theory of right of formation, because: first, pre-emptive right of tenant is prescribed by law; second, function of pre-emptive right of tenant is in accordance with that of right of formation. Besides, the author explains reasons why there are...