The Analysis On The Case Of First Refusal Right To The Housing Between Deng Zhuji And Guangzhou Handicraft Company

The lessees shall enjoy the right of first refusal to the rented housing, which isclearly regulated in section230of the Contract Law of the People’s Republic of China.The provisions regulate that prior to the sale of housing, the lessor should notify thelessee about such situation within a reasonable time, the lessee has right to enjoy apriority to buy the rented housing under the same conditions. However, the law wasstipulated too dogmatic and broad, in toady with diverse and complex form of rental,it is often difficult for judicial practice to accurately apply it. Local lessee’s right offirst refusal and the definition of the same conditions are the focus issues in disputesof the lessee’s right of first refusal, it is controversial between academia and thejudicial practice, and many court decisions confuse the two, thus to result a judgmentlack of rationality.The local lessee’s right of first refusal and the definition of the same conditionsare the problems in two different levels. Whether the local lessees enjoy the right offirst refusal should be treated differently and independently according to the propertyof rented housing, the connotation of the “same conditions” should include the sameprice, the same method of payment and the same accessory obligation. The legaleffect derived from the confirmation and exercise about the nature of the lessee’s firstrefusal is very important for the correct judgment of the case, characterize the lessee’sright of first refusal as the right the of formation, and grant it property rights or claimsattribute in accordance with whether with the recordable of the lease contract or not tomaximize the protection to the legitimate rights and interests of the seller, the lesseeand the third person. This paper analyzes the case of first refusal right to the housingbetween Deng Zhuji and Guangzhou Handicraft Company by adopting the knowledgeof legal theory, and put forward some ideas on the basis of existing research, with thehope to provide some suggestions for the handling of similar cases.