Research On The Lessee’s Preemptive Right

The lessee’s preemptive right is a legal right in the lease relationship, by which the lesee can purchase the rental housing under the "same conditions" and have priority in obtaining housing ownership after housing sales contract between the lessor and the third party signed.The lessee can’t exercise his right before the signing of the contract due to the "same conditions" has not formed then.With the continuous development of our society, the social function of lessee’s preemptive right system changed too. In early Days,when the rental housing resources still inadequate, the existence of the preemptive right of Lessee avoided homelessness and protected of vulnerable groups at the time of the rental housing being sold. With the passage of time, now rental housing is no longer scarce resource, the lessee is not all "vulnerable groups", the exercise of the right always occurred in the commercial field,social function of the system turn to maintain business operations. Regardless the change of the system’s social function,the maintenance of real estate, and the promotion of efficiency, the role of social stability,which value the systerm pursuit never changed, so the system can not be abolished.In China,if you want to get the ownership of a building, you must be the creditior first,and then through the registration of transfering ownership,you can finally get the ownership,both the formation right and forced contracting right can guarantee the lessee get the obligatory rights,a sale of housing legal relationship established between the lessor and the lessee, but in contrast, the formation right to is more conducive to protect the interests of the lessee;besides,on account of the equality between obligatory rights,the right must have the nature of the "priority", only in this way, the lessee can ultimately obtain ownership of the rental housing, In short, the lessee’s preemptive right must have the nature of the form and priority rights.The effectiveness of the lessee’s preemptive right is manifested in many ways, the effectiveness about the third party is the bone of contention, that is, whether the right has the power to against the third person,the contract between lessor and the third party is adjusted by contract law and has nothing to do with the exercise of preemptive rights of the Lessee;but the third party’s conduction of ownership registration ownership is not always valid, the validity mainly based on the third person’s subjective well-intentioned or not, if the third party know the lease relationship,his conduction is invalid,so he can’t get the ownership,at this time, the lessee’s preemptive right has the power to against a third party.