Study On The Purchase Priority Right Of The Tenant

The system of purchase priority right of the tenant has been established as a general civil institution in the countries of the world. However, the system of purchase priority of the tenant existing now in China has been devised coarsely and lacking of operation, moreover, conflict can be seen between different legal rules. Such a situation in turn leads to the chaos on such problems as the nature, value, precondition of execution of the purchase priority system, and such chaos in discern inevitably produces the confusion in the practice which does little favor on the future development of the real estate market and the stability of the social order.In this paper, the author tries to study the system of purchase priority right of the tenant . First of all, from a comparative perspective, the author makes a clear definition of purchase priority right of the purchase ,which is existing in the housing rental contract, the lessee enjoys priority in the same conditions and the purchase of the rights of others when the lessor rental housing according to the provisions of the law entitled. Secondly, based on looking "forward said", "request said ", "the right to form said", "the right to say that the debt said", "property said", the author proposes purchase priority right of the tenant is essentially the right to form. Finally, the author proposes to improve the system from the aspects such as the main, the exercise conditions, the period and the way, etc.