The Effects Of Preemption Of The Housing Tenant

What the effects of preemption of the housing tenant are is a central issue, especially the effects towards the contract between the seller and the third party and the transference of the real right. In the year2008, the Supreme People’s Court abolish the preceding provision. In the next year, it promulgated the famous judicial interpretation,which stipulates the effects of legal preemption of the housing tenant in the article from21to24. The articles caused a great disturbance in the educational circles.This paper first describes and analyses the theory of foundations about the preemption of the housing tenant. Through expounding the value, the nature and the exercising essential conditions of the preemption of the housing tenant, the paper underlay the following study. The paper applies the method of analyzing values and explaining the articles,based on the explainations about the value, the nature and the exercising essential conditions of the preemption of the housing tenant. There is a contract formed between the seller and the housing tenant, which exercises under the equal conditions. The preemption of the housing tenant can not affect the contract between the seller and the third party. Our law affirmed the real right effect of the preemption and excluded the third party of good intentions from the real right. This choice makes up the exercising defect of our registration system. In any occation, there is common existence preemption between the common owner and the housing tenant. The preemption of the common owner precedes over the housing tenant’s.