Study Of The Nature And Effectiveness Of The Housing Tenant Right Of First Refusal

In China, with the accelerated process of urbanization and rapid development of real estate in recent years, lead to the housing prices soared dramatic, at the same time, soaring house prices trend spreads from eastern cities to the Midwest. While rising incomes of Chinese residents, but compared to local house prices, the real purchasing power of ordinary people did not increase corresponding, many people can only"Lament their littleness before the houses". Housing bubble is propagating gradually. The conflicts between high housing prices and urban residence requirement, leads to the development of leasing industry, the whole social pays much attention to preemption right of tenant gradually. As an important civil legal system in China, pre-emption right of tenant has always been protected by law,"Contract Law","Supreme People's Court on implementation of the < General Principles of the Civil Law of the People's Republic of China > views of a number of issues"and its relevant regulations. However, the civil law about the Tenant's pre-emption at present put up many problems in the appliance. It will damage the civil right of both parties and disturb itself. Author made a more comprehensive study from the theoretical level to the system level issues related, and gave some suggestion about how to strengthen and improve our housing tenant right of pre-emption system of legislative proposals. This paper mainly analyzed and exposited the housing tenant right of pre-emption system in four aspects.The first part of the article discussed the housing system lessee basic right of pre-emption theory. The part defined the concept of housing tenant right of pre-emption and housing tenant right of pre-emption of the exertion condition and value system. The so-called right of pre-emption is that in the same conditions the lessee housing lesser has the first purchase of leased housing right in the lease contract period of betraying rental housing, as the lessee in accordance with the civil law of the main provision. Housing tenant right of pre-emption maximize the economic benefits, reduce transaction costs and conduct stable economic order.The second part of the article in-depth analysis for the nature of the system. based on looking"forward said","request said","the right to form said","essentially the right to form said","creditor said","property said", the author proposes purchase priority right of the tenant is the right to form.The third part is about the effect and the method of handling the conflict between the lessees's purchasing priority and the other type of purchasing priority. Emphasis on the method of handling the conflict between the lessees's purchasing priority and the part owner's purchasing priority.The fourth part of the article, the author specifics problems in practice as the starting point, points out the existed legislate inadequate, consummate our procedure with studying of Continental Legal System and Taiwan's experience. advocates the principle involved in the actual operation of the provisions of refinement, establishes the scope of preemption right of tenant, the principles of conflict management , legal relief and so on. It is expected to amend the leaseholder's preemption, protect their legal rights and promote the trade to be more guaranteed.