Housing Tenant Right Of First Refusal Study

Pre-emption refers to the privilege granted by law or contract to purchase the object in advance of the third of same conditions. Being a popular institution of civil law, the history of pre-emption could be traced to very ancient times. With considering of the of the institution of the world, there are only three types of preemption. They are preemption of communization, preemption of leaser, preemption of pawner. The essay investigates only on preemption of leaser. Except of quotation, there are five parts in the essay.Firstly, the author introduced preemption in history in and abroad, and gave us his own value evaluation of it. It said that as a way of resolving the collision of resources and safety of trade, it is an efficient way. It is also good for fully use of material value and take efficient use of resources of the society. It can also lowers trade cost and makes the society stabile or maintains our economy, represent justice of our legislation.In the second part the author quotas several doctrines of the world, such as propriety rights, obligatory rights and so on. The author got a conclusion that it is a depending relationship between the preemption and propriety right.In the third part, after comparing of all kinds of views, the author thought that legal behavior is an essential element in preemption. The renters' right of preemption comes after the time of renting is before selling. The key condition of preemption is the right can take into force at the same time, the meaning of expressing of preemption is a necessary condition.In the forth part, the author took investigations on differences between preemption and other types of preemption. It is a principal to accomplish the interest of joint possession, between leaser and joint owner. That is said the joint owner has the right of preemption. When the collision comes between preemption and hypothec, the preemption always comes first, no matter in what kind of condition. When thehypothec comes into fact, the renters' right can go first. But when the crises occurs between a renter and preemption of the original owner, the right of preemption can only be judged by the time of being. The essay also got some investigations on renters' preemption.At last according to the realty of our country, the author put out that not only could we abolish preemption, but also we must develop it on the basic of now. We can consummate our procedure with studying of Taiwan's experience. For our country, it is urgently to accept preemption of renter is prior to all the rights of others. And our law should protect the right to representing the value of protecting rights of renters and the value of equity and justice.