Housing Tenant Right Of First Refusal Of Research

Preemption refers to the right of a specific subject of civil law. When the seller sold the subject matter, the civil subject enjoys priority to the rights of others to buy in accordance with the law or contracts. It has a long history and is a universal civil law system of many countries. China also established a lessee preemptive right system, but our existing laws for the system are rough, with no unified standard. When practicing, they are lack of maneuverability and make the judicial practice of legal application difficult, which may harm the legitimate rights of the parties. Based on our country's existing laws and regulations and the comparison and reference of some mature foreign legislative experience, this thesis starts from analyzing the nature of lessee preemptive right and then focuses on discussing the practicing of the right and right conflicts according to the problems exposed in the course of practice. Only by improving the lessee preemptive right system can we maximize the social function of this legal system and promote social justice.The first chapter discusses the nature of preemption by explaining the preemption's concept and characteristic and listing the controversies over this right in our country. In this chapter, I also put forward my own views. The second chapter basically introduces all aspects of existing problems of the practice of lessee preemptive right. In this part, I put forward some questions and tried to solve these confusions on the time, condition and effect of the exercise. The third chapter attempts to better explain the preemption from the angle of right conflicts and locate its position in the various right conflicts.