Font Size: a A A

The Exercise Of The Right Of First Refusal Of The Lessee Study

Posted on:2009-05-11Degree:MasterType:Thesis
Country:ChinaCandidate:M J WangFull Text:PDF
GTID:2206360248950966Subject:Law
Abstract/Summary:PDF Full Text Request
The rule of the house lessee's purchase priority is an important rule of Civil Law. It is an outcome that the principle of contract freedom and meaning autonomy gives in the protect of the social weaks, and has been considered as the reflection of nations' intervention on economy in law. At the same time, it presents a conversion from the ideas of the modern material procession to an efficient use. The house lessee's purchase priority had already been established in our civil legislation a long time ago. However, rules are crude, curtness and lack of manipulation, which leads to ambiguity in judicial practice, it causes the difficulties and confusions of the law practices, and it also badly infringed the lessees, and influences its function, it can't satisfy actual demands. Therefore, the priority purchasing rights to be perfected is very necessary and urgent. In view of this, this paper combines law and theories with cases in practice, examining the shortage and problem of purchase priority to the lessee, enforcement and realizing carrying on the deep discussion and studying to this right especially, compares and uses foreign ripe legislative experiences for reference on the basis of the legal provisions now in our country, the writer also advises legislation of such a right, in order to make a perfect system of the civil priority right, in the hope of safeguarding the lessee's legitimate rights and interests, as well as protection of the security of transaction.This thesis is composed of four chapters except for the preface and the conclusion.The first part introduces the current law on the house lessee's purchase priority in our country firstly, so as to understand the current legislation in our country from the whole. Secondly, discuss intentions of the system of the house lessee's purchase priority.The second part, it discusses the prerequisite of enforcement of this purchase priority. Once the lease contract is established effectively, the lessee's purchase priority should be mentioned in the contract certainly. Then, the writer discusses the body of the purchase priority.The third part, the writer mainly discusses the conditions,time and way of exercise of the preemptive right. The lesser's notice is the necessary premise that the lessee can exercise to purchase priority. The lessee buy the house under the equal condition, its is essential constituents. The form of notice is proper to adopt a written form. Preemption should be executed in a certern term after being noticed; According to foreign lawmaking, combine to trade a habit, weigh gains or losses, suggest the term shortens for the 15th. The form of the purchase priority should be based on animus.The fourth part analysis right conflict of purchase priority in exercise. In this chapter, the writer analyzes the conflicts happening among between the lessee, the lessee and the co-owner, the lessee and the good-willing third person. Solutions to these conflicts, should be resolved in accordance with the rule and the practice of "the more important the right is, the more adopted".In the conclusion part, the write proposes suggestions that the principle of both protecting the benefit of preemptive right holder and keeping abuse from having the initiative purchasing power again with the result that injure the lesser with the third person's legal rights. So as to carry out a lawmaking purpose.
Keywords/Search Tags:the house lessee's purchase priority, exercise condition, exercise way, right conflict
PDF Full Text Request
Related items