Study On Preemptive Right Of Tenant

Pre-emptive right is a kind of antiquated civil law system either in china or in the world, Pre-emptive right of tenant is one of the most important category. That is generally refers to the tenant can precede over others purchase when the lessor sell let. The regulate of modern civil law in our country to this system too inattentive to correct juridical practice and have a lot of conflict among rules to this questions. The thesis focus on Pre-emptive right of tenant, probes into relevant problems concerning pre-emptive right of tenant. Strive to tease the system of Pre-emptive right of tenant, clarify Its own value , distinguish the nature of the right, definition its apply condition analyze its conflict with other rights and seek redress to the conflict .At the foundation of the demonstration, set up the system of Pre-emptive right of tenant. Expect benefit for the legislation and Justice practice.On the whole ,This thesis is divided into five chapters as follows:Chapter I "Overview of pre-emptive right of tenant" .In this part, the author introduces concept,development,values and general legislation situation of pre-emptive right of tenant. Integral introduce the concept and character of the pre-emptive right of tenant. Present its development either in china or in world. controverted the pre-emptive right of tenant dated' theory, introduced the legislation situation of the west and compared with our country, Absorbing their recommendatory, makeup our shorthand.Chapter II "the nature and the efficiency of pre-emptive right of tenant". for the aspect of the nature, I compared with the theory of formation right and the theory of the ask right, base on this, the writer bring forward opinion himself. He think the pre-emptive right of tenant is belong to ask right. The writer study pre-emptive right is belongs to the document of title or creditor's right, To this question, I think different result can make in the different situation. have no unify conclusion. But for the pre-emptive right of tenant, is a kind of creditor's right, at the same time, regard the pre-emptive right of tenant as expect right. For the respect of the efficiency of pre-emptive right of tenant, mainly elaborate its different efficiency to seller,tenant and the third party.Chapter III "the apply condition of the pre-emptive right of tenant". mainly for four aspects, existing basic relationship—the relation of leasehold ongoing availability. Definition the betray, especially some special situation be way as betray, How to recognize "equal terms", because absolutely equate theory is stickle ,the thesis employ comparatively equate theory, and the deadline of the pre-emptive right of tenant fix two months is best.Chapter iv "the conflict and settle mechanism of pre-emptive right of tenant". Mostly for three question; first, the conflict in the range—pre-emptive right of tenant conflict with other rights, such as auction .bring forward the means to settle the conflict and set up the system to compensate the obligee; secondly, pre-emptive right of tenant conflict with other kind pre-emptive right, such as pre-emptive right of part owner, pre-emptive right of pawnbrokee and pre-emptive right of subtenant and so on. As well as which is pre-emptive right authentically when they conflict each other.Chapter v "legislation suggestions to pre-emptive right of tenant". For the angle of the legislation , try to constitute legislation mode on pre-emptive right of tenant in the system and the content, put forward some constructive proposition.