The Research On The Preemptive Right Of Lessees Of Lodge

The preemptive right of lessees of lodge is an important legislative system in China as well as a content of preemptive right. My thesis researched this issue in three different aspects: the theory, enforcement and practice issuesThe first chapter of the thesis is mainly about the theoretic study of preemptive right of lessees of lodge. Firstly, I gave a general introduction which contains the origin, concept and features of the system. The meaning of preemptive right of lessees of lodge is that, when a lessor wants to transfer the ownership of his or her house, the lessee has a priority to buy the house on equal condition. The features are that it is a right only owned by a particular group of civil subject, a right based on a certain basic relations, a right gained by chance, and a right to limit the lessors'right to deposal the real estate. Scholars have numerous opinions about the nature of priority right, after the introduction of all these different opinions, the thesis specifically reasoned the nature of the preemptive right is a kind of right similarly to real right, it is a kind of vested rights, a right of formation, and a acquisition right of real right. Lastly I discussed the value and the significance of the preemptive right of lessees of lodge, I think the basic value of this system is the value on freedom, on resource utilization and on jurisprudence.The second chapter is mainly on the exertion of preemptive right. The precondition to enforce the right including the lay of a legally leasehold relation, the lessee wants to sell the house, equal condition and limitation qualification (including the enforcement period and the scheduled period), and then, it is a concrete introduction about the efficacy of the right to the lesser, lessee and third party. Concerning the conflict with other priorities when enforce the right, I also discussed the confliction preemptive right between lessees and Co-owners, Governments, Pawnees, etc, and also the collision between lessees'preemptive right and mortgagees'priority of claim.On the practice of action, which is the last part of the thesis, firstly, it discussed the action about preemptive right action, analyses the nature of the suit, the scope of claim, and the fitment of subject. Then, it describe the legal features about priority of underleasee, the efficacy of the contract for second lease and the action about pawnees's preemptive right, which are all usually happened in everyday life.The preemptive right of lessees of ledge is a system generated in a certain period, and the legislator's support or objection cannot decide whether this system can experience a new vigor and vitality or not, while the historical choice in the process of legalization and the functions it exert in economic and social development do.