Housing Lessee Preemption

Housing lessee Preemption is generally established by various countries or regions'the civil law system, which has a long historical origins. China has also established the legal system, but China's current legal provisions on the nature of the lessee Preemption are qualitative uncertain, as the lack of workability, and to the practical application of the system, there are many controversial and difficulties.In order to address the plight of trial practice, the right of preemption should first clear the nature of the lessee, the lessee the right to pre - should be formed (formation of the right conditions). The legitimate rights to the effective establishment of the lease contract, when a third party lessor and signed contracts for the sale of rental housing, the lessor should inform lessee in written thel contract terms of the notice, the lessee after a month of exclusion, not to exercise pre-emptive rights to the lessor , Preemption loss. Lessor did not notice, since the tenant knew or should have known between the lessor and contracts for the sale of a third person on the date of calculation. In one month time frame within which to exercise pre-emptive rights of the lessee, the lessor are lesse can establish the sale contract according to the agreed terms of the contract between the lessor and third party.Of course, the lessee in the exercise of the right of preemption should comply with reasonable restrictions, in the houses is donated, bequested, inheritanted, and other cases, the lessee may exercise pre-emptive rights, and the pre-emptive rights shall not be transferable and inheritance. The object of pre - and the lessee should be limited to residential use, commercial use on the right of pre-emption may give through its written agreement between the lessee and the lessor. When the total housing rental later was sold, due to the lessee, there were Preemption of the coowner, and a total of people is the object of a total pre-share, the two different object, in the exercise of the lessee, with the pre-housing by the conflict there were no right of pre-emption. But in achieving "majority-rule principle" the transfer of a total of circumstances, will have coincidence, it should first meet a few people based on the total share of the total were pre-acquisition of the majority share of the rights. Leasehold set on the mortgage, because mortgage objective is the establishment of the value of the leasehold, and the object is for pre-leasing of both the exercise of the rights of different groups, the two will not conflict. Perform in the lease contract, a breach of the lessee, the lessee will continue to exercise their right of pre-emption, the lessor can enjoy the fact that the lessee default separate proceedings to lift the contract between the two parties, after the lifting of the contract, the lessee Preemption lost. Lessee as a vulnerable social groups, whose interests should be subject to special protection, the lessee shall not be Preemption prior to abandon, in the exercise of pre-conditions for success, the lessee can abandon the right of pre-emption, but it should be in written form. When the pre-emptive rights have been violated lessee and trigger litigation, if the Housing Authority has not yet formalities for the transfer of property rights, the lessee should be able to support the petition, the third between the lessor and the contract could not be delivered because of the subject matter and is unable to perform, the lessor can not be delivered to the liability. If housing has procedures for the transfer of property rights, the lessee may not exercise its right of pre-emption, but for breach of obligation to notify the lessor, lessee will assume liability for damage.Finally, the paper discussed the existing legal provisions to improve the proposed legislation, the law applicable in a bid to help resolve the chaotic situation.