On The Pre-emptive Right Of Lessee Of Lodge

Pre-emption has already existed in Roman law of Byzantine Period .As one of Pre-emption, the lessee's pre-emption is manifested both in legislation and judicial practice. The Pre-emption has its significance in stabilizing society, making full use of social sources, and protecting the rights of lessee. But at present,many contentious problems emerged from practice because rules related on lessee's pre-emption are too sketchy .Whether lessee's pre-emption is recognized or not? How to ensure lessee enjoy Pre-emption? These questions are significant in concrete judicial proceedings. Comparative analysis, history- analysis and evidence-analysis are utilized in this thesis, and, author's opinions are brought up especially in several aspects of the exertion on Pre-emption.This thesis is divided into five chapters: The first chapter focuses upon the discussion of the pros and cons of the lessee's pre-emption to re-examine the value of its existence.The second chapter explores the nature of the lessee's pre-emption Of the issues involved in tenant pre-emption right, the understanding of its nature occupies the most fundamental and important position, since it determines the connotation, extension, exercise and the legal consequences of exercise of the right itself; and has an influence upon all aspects of the pre-emption right system. Therefore, in order to study the lessee's pre-emption, there should be a prior identification of the nature of this right.The third chapter mostly focuses on the analysis of the condition of constitution of lessee's preemption, and ascertains the condition of constitution of lessee's preemption by reviewing the domestic or abroad laws and regulations; explain the content of the condition of constitution of lessee's preemption.The forth chapter focuses the discussion of the legal force of lessee's pre-emption, in the interest of the realization of legal force of lessee's pre-emption in judicial practice. There are three concrete questions: (1) what's the legal force of the transfer of the title of the house? (2) Whether lessee's pre-emption should be registered in order to get the force to preclude the third party's claim? (3) Is the contract between lessor and the third party on the sale of the house in legal force? The fifth chapter focuses on the analysis of concrete questions, which arise in the course of excise of the lessee's pre-emption, including the issue of the party of lessee's pre-emption, the period of the lessee's pre-emption, and the relation between lessee's pre-emption and co owner's pre-emption. This research puts forward proposals on concrete operation mechanism for consummating China's lessee's pre-emption on the basis of extra-territorial legislation theory and previous studies.