The Analysis On The Lessee Pre-emption Rights

Transferring process of real property marked housing sale is always high rate zone of civil disputation, particularly controversial about priority is its focus. Although legislation clearly ruling two pre-emption rights. They are co-owner's pre-emption rights and the lessee's pre-emption rights. But in practice, disputation about them isn't lessened because of law provisions reduced, especially under current situation of theory circle's perspectives about lessee pre-emption rights nature are inconsistent. Through specific case research and amalysis, discussion about distinguishing nature of two pre-emption rights and seeking for revolutions both consistent with legislation spirit and consistent with resolving disputation, has become many law researchers' research focus.But there is conflict or not in the course of operation between two pre-emption rights , how to rule for resolving conflict, making this kind of ruling be consistent with law spirit and effectively resolve house trading disputation, whatever China's legislation and practical operation don't properly resolve. This dissertation mainly exposits lessee pre-emption rights legal nature and system significance. Through the case analysis on Jilting Province New Asia aviation service company and Cancun Real Estate Holdings Ltd. lessee pre-emption rights conveyance disputation, author raises lessee pre-emption rights. In the second part, it focuses on defining lessee pre-emption rights conception. Through comprehensive analysis and comparison main points of lessee pre-emption rights, which defined by academic community ,author discusses that civil priority is substantive rights of effectiveness, which based on law ruling or agreement among citizens, corporate and other organizations. This dissertation exposits legal nature and system value of lessee pr-emption rights. Through legislation analysis of pre-emption rights, this dissertation proposes how to perfect lessee pre-emption rights system. This can protect lessee's free trading meanwhile effectively protecting lessee pre-emption rights.