On The Right Of First Refusal Of The Lessee

The system of Pre-emption has already existed in Roman law of Byzantine Period .As one of Pre-emption,the lessee's pre-emption is manifested both in legislation and judicial practice .The Pre-emption has its significance in stabilizing society ,making full use of social sources ,and protecting the rights of lessee .But at present , many contentious problems emerged from practice because law rules related to this system are too sketchy .Whether lessee's pre-emption is recognized or not? How to ensure lessee enjoy Pre-emption? These questions are significant in concrete judicial proceedings.The theories are relatively plentiful in current study on lessee's pre-emption of our country .But these studies are neither systematic nor comprehensive .They are tent to elaborate above questions from only one aspect .And these elaborations are purely theoretical and not involved with judicial practice. Comparison-analytically, history-analytically and evidence-analytically, this thesis put forward the opinions especially in several aspects of the exertion on Pre-emption.Besides introduction and conclusion ,the thesis can be divided into four parts .Chapter One is the outline of Pre-emption .This part elaborates the conception and the characteristics of Pre-emption firstly .Secondly ,the legislation related to Pre-emption in our country ,Taiwan ,and other countries are introduced .And thirdly ,the author analyzes the value of the system of Pre-emption and put forward the necessity of establishing this system .Chapter Two is the analysis on legal nature of Pre-emption .Currently ,the related theories including :the theory of expective right ,request right attaches forcing conclude treaty ,conditional right of formation ,real right ,credit right ,and real right acquiring .The author considers that the nature of Pre-emption is a multifaceted problem ,the right of formation and real right acquiring ,through analyzing various theories .Chapter Three is the exertion and Pre-emption .This is the most contentious part in practice and also the focus of the thesis .The author analyzes the condition of exertion and under the condition of sublease, partly rent, auction and mortgage .And the author considers it is not concurrence with the co-owners.Chapter Four is the judicial relief .The author analyzes the present situation and deficiency of the judicial relief and put forward suggestions, hoping to make light for legislation and practice.