The Exploration And Analysis Of Pre-emptive Right Of Tenant In Our Country

Pre-emptive right of tenant refers to the system that is generally established in each country or region in the world. The paper probes into and analyzes relevant problems concerning pre-emptive right of tenant in order to clarify basic theory and promote the development of sound legislation and judicial practice.This paper is divided into three chapters.Chapter I Overview of pre-emptive right of tenant in our country in this part, the author firstly introduces status quo and development of pre-emptive right of tenant in our country and values of pre-emptive right of tenant. Secondly, the author introduces, evaluates and analyzes the nature of pre-emptive right of tenant. Theories of the nature of pre-emptive right of tenant are: theory of statutory right, theory of creditor's right or property right, theory of conditional right of formation or right of formation and theory of expectative right. The author agrees with theory of statutory right and theory of right of formation, because: first, pre-emptive right of tenant is prescribed by law; second, function of pre-emptive right of tenant is in accordance with that of right of formation.Chapter II Establishment and exercise of pre-emptive right of tenant. The first part of this chapter elaborates that establishment and exercise of pre-emptive right of tenant are concepts of different levels and shall be differentiated. Pre-emptive right of tenant is established when the rental relationship between the lessee and the leaser is valid; pre-emptive right of tenant can only be exercised when the house is rented. Establishment and exercise of pre-emptive right of tenant are concepts of different levels, so they shall be strictly differentiated. The second part probes into the exercise of pre-emptive right of tenant.Chapter III Relief for the infringement of pre-emptive right of tenant Legal relief for the infringement of pre-emptive right of tenant is manifested in the protection for the interests of tenant with pre-emptive right. In the first part, the author thinks that the relief in creditor's law is limited. Though the leaser who does not assume his/her obligations is punished with legal liability through the relief in creditor's law, the relief is helpless for the risks of realization of interests after the tenant exercises the pre-emptive right. The second part proposes solutions of relief for pre-emptive right of tenant in property right law.