The Value, Effect, And Applicable Scope Of Pre-emptive Right Of Tenant

Although pre-emptive right of tenant is not a new topic, but there is still a huge controversy over it in our country. Based on value analysis of pre-emptive right of tenant, this thesis is to analyze some issues of pre-emptive right of tenant in practice. The purpose is to make pre-emptive right of tenant better applied.This thesis is composed of six parts: The first part is the value analysis of pre-emptive right of tenant, interpreting its present-day importance. The second part is the reconstruction of pre-emptive right of tenant effect system .On the analysis of various theories, this thesis derives the relationship between effectiveness and publication as follows: After publication, pre-emptive right of tenant is effective as real right and can act against the third party; the pre-emptive right of tenant without publication is only effective as creditor's right, and can not act against the third party. The third part describes the conflict between pre-emptive right of tenant in effect and the bona fide third party, interpreting the point that although pre-emptive right of tenant after publication can act against the third party but still can not act against the bona fide third party, which also implies the Bona Fide Acquisition system in our country. The fourth part of the thesis is a brief description of applicable scope of pre-emptive right of tenant, proposing my own point of view. The fifth part is the analysis and my viewpoints on"Interpretation of the Supreme People's Court concerning some issues on urban house rental contract dispute".The final part is the conclusion: despite its limitations, we should assert the value of pre-emptive right of tenant. By both legislation and judicial interpretation, we must develop the constructive role of pre-emptive right of tenant system in social life, so it can contribute to social equity and our socialist harmonious society.