The System Of The So-called House Lessee Pre-emptive Right

The so-called house lessee pre-emptive right is that in the duration of the house lease contract, if the lessor sell the subject matter of the lease, according to law, the lessee have the preferential right to the third person to buy houses in the same conditions. As a right of tenant, the house lessee preferential purchase right has a long history in our country’s law and reality.But there are a lot of problems being worth researching not only in theoretical but also In practice. A lot of difficulties are exist in the implementation of the pre-emptive right.All these are result from that our law on the lessee pre-emptive right still can not meet the needs of the development of social economy.As the publish of "The supreme people’s court on the trial of town house leasing contract dispute case the concrete application of law in the explanation of some issues" ("Town house lease judicial explanation" for short following), a few questions existed long in the system of house lessee pre-emptive right has been eased to a certain extent. Combining with the newly issued judicial explanation, this article try to clear up the existing concepts and scholars views, commenting on law and social practice, attempting to raise effective advice to guide the practice,and make it play its due role in the practice. In line with the research methodology of discovering problem on the theory and practice of house lessee pre-emptive right, this paper is divided into the following five parts:The chapter one firstly defines the house lessee pre-emptive right, disputes and claims to abolish the view.And learn the value and the function in the system and the legislative spirit behind it.It emphasises the necessity of the system in social economic life and the effect in steading social relations.Then it discusses the nature of the right.This is the the essential question in the basic theory of the system. It is also the premise to settle the dispute in the judicial practice to clear up the preferential buy right nature. According to the judgement that the lessee preferential buy right is real right or creditor’s rights, formed right or expectant right, we define the nature of the system,and provide theory basis for solving practical problems.Chapter two focuses on that in the constituting condition of the house lessee pre-emptive right,how to time the second lessee’s pre-emptive right and right object range.And that weather it can be put into effect when one applies for auction houses to court.It actually confirms the constituting condition of the house lessee pre-emptive right.Chapter three come up with how to reduce the conflicts when the lessee perform their rights through some researches.For instance,the conflict between the lessor’s obligation、the define of identical term with the common proprietor、the third person,some lessees practising the right,so as to confirm the lessee’s obligation、the defination of "the identical term"、making sure that the common proprietor’s pre-emptive right is prior to the lessee’s、the condition of the third person getting the ownership of the house、the conditing of practising the rights for some house lessees.Chapter four begins with Clearing the scope of subject and object in house lessee pre-emptive right、clearing the prerequisite of performing rights and the processing principle of solving house lessee pre-emptive right conflict.It makes the system in practice play their due role through perfecting house lessee pre-emptive right system.