The Preemptive Right Of Lessees In Our Country

As one kind of preemptive right, the preemptive right of lessees is an important legal system in our country. The thesis discussed this issue in three aspects: the nature, effect and enforcement. The conflict of preemptive right between lessees and co-owners was analyzed in the last part of the thesis.The nature of rights determined the legal consequence of enforcement. The thesis firstly analyzed the nature of the preemptive right of lessees. After introducing and analyzing different theories, the nature of the preemptive right of lessees was discussed, which affirmed to be a right of formation. The preemptive right of lessees is legal and exclusive besides the common characters of the right of formation. The opinion that the preemptive right of lessees is an expectant right was denied after analysis of the nature of expectant right. The preemptive right of lessees came into being when the lessor sold the tenement, once it came into being, it is enforceable.What kind of effect does the preemptive right of lessees have? Theoretically dispute is focus on effect of obligation and effect of rights over things, the difference is whether it can confront the third party. If lease contract had been registered, the right acquired effect of rights over things, or it only had effect of obligation. Internal effect and external effect might come into being in the enforcement of the right. External effect is effect to the tenement-deal relationship between the lessor and the third party, the concrete consequence is different concerned to whether the third party acquired the ownership of tenement.The precondition of enforcement including legally tenancy contract, the lessor sold the tenement, and the lessee brought on equal condition. Reasonable term is prescribed in order to urge the lessee use the right in time. The consequence of enforcement is that a contract contain the equal condition in the purchase and sale contract between lessor and the third party is formed. The action of the preemptive right of lessees and protection of the third party was also discussed in this part.The last part of thesis discussed the conflict of preemptive right between lessees and co-owners. If the tenement is mutually-shared, the preemptive right of co-owner has precedence over that of lessees; if the tenement is shared in common, there`s no conflict of preemptive right between lessees and co-owners.