Housing Tenant Right Of First Refusal Analysis

Right conflicts, especially in civil right, are easy to catch in today’s economical society. The conflict of rights should be in order to realize.However, priority comes into being with solutions of conflicts. In public,ladies have the priority; in front of a ticket window, the disabled do;Where the criminal element bears responsibility for civil compensationand is also imposed a fine, if his property is not enough to pay thecompensation and fine in full or if he has also been sentenced toconfiscation of property, he shall first pay civil responsibilityaccording to the criminal law; When two or more People’s Courts at thesame level have jurisdiction over a case, it shall be tried by the People’sCourt that first accepted it.Whether the law should entrust with the tenant to enjoy the lessee’spre-emption rights under the same condition, as well as how the tenantdrives rights, is one of house contract of sales dispute’s causes if thecontract of the houses for sale did not expire. The fact that there wouldbe traditional and frequent civil disputes in the course of real estatebusiness, concerning disputes over the lessee’s pre-emption rights inparticular, is a controversial focus between theory and practice.Although there are two priorities in legislation: the lessee’spre-emption rights and common owner’s pre-emption rights, which areclosely circling round their principle, and the law does not give theevident regulations and unified standards on specific items.As a result,the difficulties of adaptability in reality,together with the standardsand operability lack of specific definition, make a party’s interestsimpossible even lose his interests and the authority of law. In currentlaw, compared with legislation abroad and absorb its essence, the problemsabout the lessee’s pre-emption rights need analysis of probe intorealizing party’s rights in order to protect interests of lessor and lessee and make deals safer.The paper is divided into the following four parts:1.the origin of the lessee’s pre-emption rights and legislationinvestigation of all states, by which it indicates the priority in thepaper;2.the history and value of the lessee’s pre-emption rights in relationto legislation home so as to throw light upon its value;3.the discussion about the lessee’s pre-emption rights and theanalysis of the definition, features and quality of lessee;4.the current situation and assessment of justice and analyzing theproblem in practice, and proposing a solution, as well as personalviewpoint, through the actual situation in our country.