On The Pre-emptive Right Of Lessee Of Lodge

With the development of real estate market, the pre-emptive right of lessee of lodge appears to be the legal rights to maintain the lessee residency. The right not only; protect the lessee the priority from the lessee in the home ownership, but improve the efficiency of real estate transactions, promote stable economic development. It is worth advancing. However the legal basis of the right has a lot of legal gaps to appear lack of operability. The same conditions, the period of notice and the right to relief is the example. These problems make the trial scale difficult to grasp. How to protect the pre-emptive right of lessee of lodge effectively has become prominent issues in the judicial practice.Chapter one discusses the basic theory of the pre-emptive right of lessee of lodge. It involves the concept, the legal characteristics, the legal nature and the legal effect analysis. Combined with the related theory as well as the latest legislative, it analyze the nature of the right-is the claims and analysis the internal effectiveness and external effectiveness of the right.From the Chapter two, the thesis has three chapters to discuss the conditions of the exercise of the pre-emptive right of lessee, the scope of the lessee, the same conditions identified and the lessee to exercise their rights during the existence. By the analysis of the theory and judicial practice, the thesis put forward the legislative proposals and countermeasures.Chapter two focuses on the issue of the scope of the lessee. The sub-lessee, part of the lessee has the pre-emptive right based on the specific analysis. From the legislative intent of the pre-emptive right of the lessee, the sub-lessee can be given the housing pre-emptive right; part of the lessee may have conditional right. Chapter three discusses the definition of the same conditions. On the one hand, the same conditions should be determined by the housing transactions based on the consultation between the lessee and the third person. On the other hand, the contents of the same conditions should adopt "consolidated theory", that is, the lessee shall provide the same substance in the terms of trade, in addition to the other reasonable factors under special circumstances which can make an impact on the lessee to exercise the right. Chapter four is about the period of the lessee to exercise the right. First, it should be clear the content of lessee inform obligation. Then make sure the starting point of the lessee exercise of the right. Considering the characteristics of real estate transactions, to promote the normal flow of real estate to maintain the trading order, the period of the lessee to exercise the right should be clear through the legislation or the agreed conditions between the lessee and the lessee.Chapter five analyzes the limit to the pre-emptive right of lessee. According to the interpretation of the Supreme People Court announced in2009on the urban rental contract disputes the application of law24Paragragh2, when the lessee sell out to close relatives, including spouses, parents, children, siblings, grandparents, grandchildren, the lessee advocated the pre-emptive right, the people court shall not support. The law define the restrictions on the right by the trading relationship among relatives, but for the "benefit selling", resulting in a large number of disputes. This article put forward that the restriction to the pre-emptive right of lessee should be made clear, in addition to the juristic interpretation of the probisions, housing type should be the restriction on the right,’benefit selling" should be excluded from the application of the pr-emptive right of the lessee.Chapter six analyzes the legislative proposals on the legal remedies. First from the point of view of protecting the lessee interests, according to the situation that the third person apply for housing registration of change, the lessee should have the right to revoke the contract for sale signed by the lessee and the third person. Make it clear that standards infringe the right of the right. The pre-emptive right of lessee should be effectively protected.