On The House Leaseholder's Preemption

Preemption refers to the priority which is enjoyed by citizens according to the legal regulations and terms of contact while the bargainor bids the corpore to the third party under the same circumstance. The preemption is universally set up in the field of civil law in the present world and it has long history and consists of part owner's preemption,leaseholder's preemption and pawnee's premption. The civil law of China's mainland has set the legal terms for the preemption of part owner's and leaseholder's. This paper focuses on the study of the house leaseholder's preemption, as a term of China's civil law, it limits the preemption to be over-rigescent. As a result, the legal regulation on the leaseholder's preemption is not uniform and feasible. It will lead to a disorder in the judicatory practice. The leaseholder's preemption will be violently discounted. So this paper compares and uses some foreign mature experience as a reference to study and solve the problem uncovered in the judge preemption. Also, this thesis stresses the exertion and realization of preemption. It is expected to amend the leaseholder's preemption, protect their legal rights and promote the trade to be more guaranteed.