The Right Of First Refusal With The Lessee Pre-emptive Rights Of Competing

The preemption right of co-owner and tenantry is two crucial rules in Chinese legal rule system. However, the previous law rules are non-executive, especially in lacking of the processing order the when two preemption rights get concurrent, which generate the obstacle of the law applying. Vague strict criterion of law enforcement damaged the legitimate right and interest of parties. Furthermore, this weakness also do harm to the legal authority. According to the previous research scholar’s various argument, in this paper, the author intent to do some contribute for the relative legislation and justice system on this issue through comparing the concepts of The preemption right of co-owner and tenantry and informative legislative practice in the world to elaborate the relationship between co-owner and tenantry as well as the issue of concurrent and prioritization.This article is divided into5parts:The first part is a simple analysis of the conception and charateristics of preemptive right system,concentrated on the analysis and research of different theories of the property about preemptive right system,which prepare for the following part of exercise term of preemption as well as co-owner of the preemptive right systemThe second part is an introduction of co-owner of the preemptive right system as well as the legislative practice about co-owner of the preemptive right system from domestic and overseas,which gives some resolutions to perfect the domestic co-owner of the preemptive right system.The third part is a brief analysis and research of the range of exercise term of preemption and the confliction and coordination of exercise term of preemption against other related housing subject of preemptive right system,meanwhile it introduces the legislative practice about exercise term of preemption from domestic and overseas.The fourth part mainly discussed whether the exercise term of preemption or co-owner of the preemptive right system can be coopeted or not and the principle of management after concurrence.The fifth part is a conclusion of the above parts,by borrowing the advanced experience of lawmaking from overseas I give some simple advices to perfect the exercise term of preemption and co-owner of the preemptive right system in China.