| In the legislation of the Civil Law, the laws about the building lessee's preemptive right are too simple and less operable,which make the judgement about the conflict on the lessee's preemptive right less accurate, so the legislation can not protect well enough of the lessee's legal right. On the basis of the references of the legislation and the theories of the continental countries and Tai Wan Province of our country, the article uses many methods to make deep and comprehensive research about the theories of the right of our countries such as the historical analysis, the comparable analysis, the cases analysis, the documentary analysis and so on. It also gives many legislative suggestions. Hopefully the Civil Law's framework can be broke and the right can be perfected in the future.There are four parts in the article:Firstly, the article makes an investigation on the building lessee's preemptive right from the eye of the history.Then on the basis of making clear of the concept of the building lessee's preemptive right, the article generalizes the basic characteristic of the right from the discussion of the preemptive right and asserts that the building lessee's preemptive right has the necessities to exist.Secondly, the article makes the analysis of the legal nature of the building lessee's preemptive right.It makes such conclusions through the comment of several typical theories:before the selling, it has the nature of the expectant right;when selling,it is a kind of formation right and the lessees can make the contrats with the lessors automatically by the will of the lessees themselves. At the same time, it also has the effect of the real right and can withstand the third person.Thirdly, the article talks three special problems about the building lessee's preemptive right,they are the relationship with the preemptive right of the Co-owners, the four special circumstances of application of the building and the building lessee's preemptive right in the auction.Finally, due to the defeciency of the building lessee's preemptive right, the article gives some suggestions about the perfetion of the right as follows: the limitation of the nature of the buildings; the duration,methods and the scheduled period of the lessee's preemptive right, the standard of the "equal terms", the limitation of the right on the transference and the inheritance and the punishment of the third person when he or she invades the third person. |
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