Housing Tenant Right Of First Refusal System Research

The house lessee's preemption refers to the right that the lessee enjoys to buy the house in preference to other people under equal conditions. It has been established as a legal institution for a long time in many countries. It plays an irreplaceable role in maintaining social harmony and stability. However, the law about the preemptive right of the lessee is so abstract that it causes controversies in both the theory horizon and judicial practice. The thesis I wrote studies the house lessee's right of preemption.In addition to the introduction and conclusion, this thesis is divided into three parts. The first part is conspectus. First of all, it explained the concept and characteristics of preemptive rights of lessee. Secondly it analyzed the legal nature of the lessee's preemptive right. The lessee's preemptive right is conditional gestaltungsrechte.The second part is about the exercise of the Lessee preemption which causes great controversies in judicial practice. And it is also the main body of my thesis. This part discusses the subject, the exercise conditions, the exercise period of lessee's preemption. It suggests that we should use the German Civil Code for reference to improve our legal system of house lessee's preemption.The third part of this thesis is about two special cases of house lessee's preemption in the judicial practice. First of all, it discusses the house lessee's preemption when the rental houses are sold by auction. I think the lessee can not exercise the preemptive right in auction. Secondly, it discusses the preemptive right of lessees who rent a portion of the whole house. Whether the lessee can buy the rental house as a priority can not be treated as the same. We should make a concrete analysis of a concrete problem. When the lesser sold the whole house which includes the rental part, the lessee can exercise preemptive right depends on whether the house can be divided into the leased part and the non-leased part. If the whole house can be divided into the leased part and the non-leased part, and the lesser sells the whole house separately, the lessee can exercise preemptive right only on the rental part. If the whole house can not be separated or it can be separated but the lesser only agrees to sell the house integrally, the lessee exercises preemptive right on the whole house.