Pre-emptive Rights Of The Lessee Of Tort Damages

Leaseholder's preemption is a universal system that is regulated by all countries or regions, which has a long history. Leaseholder's preemption means when the lesser transfers real property, in accordance with the law the lessee enjoys priority over other rights to purchase the property under the same conditions. Although there are some provisions about damage on pre-emptive rights of the lessee in the law, the lessee can claim damages, it does not.regulate how to compensate, which just confirm pre-emptive right of the lessee. Additionally, the qualitative nature of the lessee's right is unknown in China's current laws, and the content of the Leaseholder's preemption lack of operation, so when the rights have been infringed, there are many disputes and difficulties in practice because relief measures are not defined.Leaseholder's preemption is the formation of a right which has characteristics of right of credit, and is liable to be invasive. Therefore, in a reasonable period prescribed by law, the lesser does not notified the lessee, which makes the lessee be deprived of preemption, the lessee's preemption intention is hindered by the third person, all that belongs to infringement liabilities. The former includes the compensations, such as the cost purchase of house in equal conditions and contracting costs purchase of other houses. The latter can refer to the third-party claims system against the, by means of the principle of fairness and good faith to deal with cases.When the lessee exercises right of preemption, while the lesser sells the real property to a third person, which is breach of contract. The lesser shall have liabilities to the actual loss and the loss of profits that can be expected...