The Research On Tenant's Preemptive Right In Lawsuit

Preemptive Right is legal provisions of a specific civil rights in China, but some issues do not get a conclusion. Some of the problems still exist in practice, which is not conductive to the protection of the tenant's preemption. This paper discusses some issues such as Preemptive Right of tenant with the specific issues in trial practices.In this paper, Preemptive Right is a right of claim on purchase priority, and the request is priority on contracting. Under the existing legal provisions, for pre-understood as a formation right, on insufficient basis. Tenant can not directly request based on the purchase of a third person in terms of housing, can only request to confirm that the contract signed by owner and a third person is invalid. In cognizance, the tenant take the Preemptive Right in the auction, the subtenants should also enjoy the Preemptive Right; other cases should be handled properly. It should be noted that some cases should introduce bona fide acquisition system to deal with. Under special circumstances, The concurrence of Preemptive Right between common proprietor and tenant can happen; and the method of value judgment should be used to determine priorities. But for the concurrence of Preemptive Right and Mortgage Right, the priorities should be determined according to the order of the establishment of the two rights and should distinguish whether the mortgages right is registered.Since some deficiencies existed in the regulation on Preemptive Right in the law of China, which does not reach the expected legislative effect, so that Preemptive Right System of the tenant should the perfected in entire Preemptive Right System and the integrity of the civil law system.