Studies On The Preemptive Right Of The Lessee

The lessee's preemptive right over leased buildings is a legal right provided by the PRC Contract Law. When the landlord sells the leased buildings, the lessee can exercise its preemptive right with the"same conditions"provided by the contract between the landlord and the third person. It has existed for a long time, and has been a common institution of the civil law in many countries. And in Oct 1, 1999.,the preemptive right was established by the PRC Contract Law. But the rule is so abstract that even the necessary factors are not defined such as the character of the legal right and the way of exercising the right. And the deficiency of the rule leads to a wide spectrum of opinions in the theoretical area and the mess in the judicial practice.After the analysis of the concept and the character of the right, the necessity and the problem that how a lessee may exercise its preemptive right, the author want to give some advice to make up the deficiency of the present institution, ease the contradiction in the practice, and to give play to the social functions of this institution for real.