On The House Lessee's Purchase Priority

The house lessee's purchase priority is an old system. General Principles of Civil Law and Law of Contract stipulate the house lessee's purchase priority system, but this rules are extremely simply. So that they cause some disputes on the nature of this right, the effect of exercise right, the value of the system and the social functions. Based on this, the paper has study this system, the conclusion is the house lessee's purchase priority is the result of legislators choosing the policy after weighing various interests. The stipulating of house lessee's purchase priority fundamental rule is the oblige purchase priority on equal condition. The interest equalization point of lesser, lessee and a third party is purchase priority holders are only protected in trade chance, not because purchase priority to obtain in transaction preferential benefit; the owners are limited by transaction object, not because purchase priority to lose the value of their lease houses; protecting the safe of trade, under the situation of the third party good faith purchasing, the lessee can not advocate the house lessee's purchase priority to the third party, but can ask lesser to compensate.The main content of the article is divided into three major parts. The first part is the summarization of house lessee's purchase priority. This part has introduced the characteristic and essential actor of purchase priority, the social functions and legal principle foundation of purchase priority, discriminating the concept of house lessee's purchase priority and similar concept, and the stipulation of foreign country civil law. The second part emphasizes on how to exercise the house lessee's purchase priority. At first, the purchase priority is not while evolving from the lesser lease the house, when the third party participants in buying. Then, the paper has introduced various situations that purchase preference eliminates enforcement key element in purchase priority "selling the lease house", "the seller's obligation of notifying", and "the equal condition" make the detailed argumentation. While probing into the period for exercising termination, the author makes a self-criticism to "before three months" in Opinion of General Principles of Civil Lawarticle 118,thinks it is a defect on a kind of legislative technology, can not confirm the period for exercising termination of purchase priority actually. The last part discusses the legislative suggestions.