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The Research On The Pre-emptive Right Of Lessee Of Lodge

Posted on:2008-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:L Y JiFull Text:PDF
GTID:2166360215963194Subject:Civil and Commercial Law
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The preemptive right of lessees of lodge is an important legislative system in china as a typical part of the preemptive right .Because the system of the pre-emptive right of lessees of lodge is not completed, some serious social problems happened. I think the principle cause is the legislator could not master the nature of the concept. Therefore, I study the concept firstly. At the base of this research, we will have two topics: one is the rule about the pre-emptive right of lessees of lodge; the other is the value of the system. Then, we will try our best to solute the problem of the system to maintain the tenant's real value, to improve the efficiency of utilization of house, to reduce the cost of the transaction.This paper is divided into three chapters.Chapter 1 is mainly about the study of the nature of the pre-emptive right of lessees of lodge. I thought the pre-emptive right of lessees of lodge is belong to the pre-emptive right of lessees of lodge is an important legislative system in china as a typical part of the preemptive right .so the research of it is essential in theory as well as for the judicial practice. Because the system of the pre-emptive right of lessees of lodge is not completed, some serious social problems happened. Although the system was a satisfied measure at that time, I think the principle cause is the legislator could not master the nature of the concept. Therefore, I study the concept firstly. By contrast, I draw a conclusion that the conditional right of formation is more reasonable. Lastly, I will give my suggestions to improve the system of the preemptive right.The paper is divided into three chapters.Chapter 1 is mainly about the study of the nature of the pre-emptive right of lessees of lodge and the value of the system. Theories of the nature of pre-emptive right are: theory of statutory right, theory of claim, theory of creditor's right and theory of conditional right of formation. By Analysis, the last one is the more reasonable one. The exercise of the right can't have an exclusive effect to the third man unless the right is registered. The right of pre-emption develops along with the social life, and its scope unceasingly expands. Through the research on the development of the pre-emption, the article carries on the analysis to the social value of right of pre-emption. The right of pre-emption has the social value to support the poor and it has already melt in the traditional custom. The viewpoint to abolish the right is not correctly. Moreover, there are still some problems in merits of system, such as the partial protection for the profit of the tenant.Chapter two is mainly about the configuration of the system of the pre-emption right of lessees of lodge. The first part is the historical inspection on this right and the briefly commentary on the system. The second part is the analysis to the configuration of the system. The currently system is based on the theory of the compulsory contract claim. The design is not accord with the content in traditional doctrine, it has bring to some serious social problems. So, the theory of conditional right of formation should be adopted. Furthermore, there are some shortages in lawmaking, such as the conditions of application, behavior mode and aftereffects.Chapter three is mainly about the improvement of the system. Based on overall content discussed before, the author proposes suggestions to improve the system of the pre-emptive right of lessees of lodge, established in the conditional formation right and the impartial protection to all parties, at four parts: the balance between right and obligation, subject, object and the exertion of the pre-emptive right of lessees of lodge, in order to perfect the current system in our country.
Keywords/Search Tags:Lessee, Pre-emptive right, Formation right, System, Merit, Perfect
PDF Full Text Request
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