The Rationality Of The Preemptive Right Of Lessees

The preemptive right of lessees is a very important system among civil field. Since it sources from Roman law and been adopted by lots of countries by the later generations, it gave the social vulnerable groups with special protection, in order to realize the valuable concept of substantial fairness. However, with the change of times and the development of the society, social circumstances, economic conditions and even people’s notion through houses changed a lot. These change theoretically deviated the preemptive right system from the basic principles and the original intention of the civil law. Moreover, unclear and indefinite regulations made the judges confused during the judgment. In such a case, the basic rights of the lessee cannot be protected effectively. Thus, whether the preemptive right system should be exist or not worthy questioned.