A Study On The System Of The Preemptive Right Of The Lessee

The system of the preemptive right of the lessee, as an important civil legal system, has been established. However, the provisions of the exisiting laws and regulations such as "General Principles of Civil Law", "Contract Law" and so on for the premptive right of the tenant are rather rough in our country, which make the application of the system to the judicial practice very difficult. In this paper, some legislative proposals for improving and perfecting the system of the premptive right of the lessee are put forward by probing into the relevant issues of the system in both theoretical and practical aspects. In this paper, the system of the premptive right of the lessee is mainly analyzed and discussed in four aaspects:Analyzes some cases relating to the premptive right of the lessee and puts forward the key issues involved in the cases, which are the basis of the paper.Part one is an overview of the pre-emptive rights of the lessee. This part first introduces the legal nature of the prior pre-emption of the lessee. Then it elaborates on the legislative situations about the prior pre-emption of the lessee in Taiwan and the mainland of our country and some other countries. Finally the conclusion that the system of the premptive right of the lessee in our country is inadequate can be drawn.Part two introduces the different attitudes towards the system of the premptive right of the lessee and proves the necessity of the existence of the system by refuting the view of abolition.Part three analyzes the defects of the system of the premptive right of the lessee itself and its defects in judicial practice and points out that further improving the system in our country is necessary, thus which also pave the way for the following.Part four, based on the discussion of the parts preceding it, proposes some assumption of how to improve the system of the premptive right of the lessee in our country and some suggestions on how to balance and protect the rights and interests of the lessee, the lessorand the third person and reconstruct their obligations and how to further improve the Legal Remedy.