The Thinking Of The System Of Housing Lessee's Right Of First Refusal Based On The Reality Of Our Country

The study on the system of housing lessee's right of first refusal has been for a long time. Although the system of right of first refusal has a long history in continental legal system, the housing lessee's right of first refusal, as a part of the system of right of first refusal, did not appear in Germany until modern time. Moreover, because of many reasons such as the specific historical and social and economic as well as legislative elements, it is not admitted by the majority legislations till now. This article focuses on the study on the nature and execution and history and foreign legislations as well as the status quo in our country from the perspective of regulation law and historic law and comparative law. Finally, based on the reflection of the theory, this article presents advice to perfect said system.The main opinions of this article are as follows:Firstly, the nature of lessee's right of first refusal is a formative right with restrictive condition.Secondly, the condition of establishment of lessee's right of first refusal distinguishes from the execution of said right which should be executed when dwelling unit is sold to a third party.Thirdly, as the perfectness of system, the legislative mode and nature of lessee's right of first refusal should be developed in macro, which means the nature of lessee's right of first refusal should be changed from legal right to willing right and from the theory of formative right to the theory of creditor's right.