A Study Of The Lessee Preemption

The towns have seen plenty of house business and the agreement of lease is common. After the Reform of Housing Policy, people in the towns have no choice but to buy commercial housing or rent an apartment. Therefore, a great number of wage earners have to rent an apartment, which brings on massive disputes, in which the house tenant's right of preemption occupies a large proportion. In 1999, the Law of Contract was enacted, but the provisions need improving and perfecting. Under this circumstance, also, the Supreme Court released the Interpretation on Issues Related to Law Application in the Trial of Disputes over Towns Housing Lease Contract, which provides lessee's Preemption with further explanation. However, disputes survives in practice. Taking it into consideration, this article combining the Interpretation on Issues Related to Law Application in the Trial of Disputes over Towns Housing Lease Contract, mainly studies and analyses the lessee preemption. In this book, the author intends to explore the character and the validity of lessee preemption referencing the incisive notions of the domestic and foreign scholars after the interpretation has released. Also, the author presents some perspectives and proposals for this phenomenon.Specially speaking, the main content of this article is divided into five chapters.Chapter one: the summarization of the lessee preemption. This chapter contains four parts. The first part defines the concept of housing tenant right of preemption; the second part give a brief introduction of lessee preemption; the third part simply summarizes the causes of disputes over the lessee preemption; the fourth part concretely analysizes the features of disputes over the lessee preemption.Chapter two: the character and the validity of the lessee preemption. How to define the character and the validity of the lessee preemption has gained close attention of correlative fields. To solve the disputes over the lessee preemption, it is a precondition to be virtually clear about the character and the validity of lessee preemption. Consequently, we can see the importance of defining the features of the lessee preemption. The author concludes that the lessee preemption is a formative right on the basis of analyzing and appreciating other viewpoints.Chapter three: the exercise of the lessee preemption. This chapter consists of three parts. The first part is the precondition of the lessee preemption; the second part is that the leaser should be sure of the lessee's receiving advance notice; the third part discusses the understanding and application under the same condition. If we want to protect the house lessee's purchase priority, it is very significant to clarify the above problems.Chapter four: conflicts and solutions of the lessee preemption. In our judicial practice,not all housing assignments happen on the hunt for buyers. There is a variety of ways in the transfer of housing, and auction, the mortgagee exercising the mortgage right, selling to the crowner or relatives are seen sometimes. In this chapter, whether the lessee has the priority to purchase the house in these special conditions is discussed.Chapter five: the defect of the lessee preemption and the improvement. Due to the defect of the Chinese lessee preemption provisions, lessee's purchasing priority cannot be fully implemented. This chapter will expound the defects and present some proposals.