Compensation For The Damages Of Tenant Preemptive Light

Tenant preemptive right is a priority, it is the legal rights with which the lesseeenjoys the prior to others to buy leased house under the same conditions, when therenter betray the house. As an important civil legal system, the system is on the basisof the balance of civil subject autonomy to protect the interests of the disadvantagedgroups, and it has great significance in protecting the interests of tenants andbalancing the interests of the lessee, the lessor and the third party.Tenant preemptive right system has a long history, most of the civil lawcountries of the world have established this system in their civil law, our country is noexception. There are some legislative requirements on tenant preemptive right, such asChina’s "views of Civil Law","Contract Law" and "judicial interpretation of SupremePeople’s Court on the hearing of disputes in urban housing rental contract" in2009.However, most of the stipulations to this system in the modern law is over generalizedand scarce operated, along with the rapid development of the real estate market in ourcountry, the application of tenant preemptive right system is increasingly frequent,defects of the system are exposed increasingly obviously, these defects cause thedifficulties and confusions of the law practice, and it also badly infringed the lessees,therefore, this system still have a lot of problems being worth researching not only intheoretical but also in practice.According to the current laws and judicial explanations, this paper try to clear upthe existing concepts and scholars views, attempting to raise effective advice to guidethe practice, and make it play its due role in the practice. This paper is divided into thefollowing four parts: The chapter one firstly discusses the basic theory of tenant preemptive rightsystem. That is the concept and the nature. And the nature of the right is the essentialquestion in the basic theory of the system. It is also the premise to settle the dispute inthe judicial practice to clear up the preferential buy right nature. About tenantpreemptive right of nature and academic circles are mainly Gestaltungsrecht said,Anwartschaftsrecht said, the real right said, claim creditor is saying, view. Thispaper try to clear up this scholars views, and defined the nature of the right is aGestaltungsrecht, and provide theory basis for solving practical problems.The chapter two focuses on the exercise issue of tenant preemptive right.Including the establishment of the tenant preemptive right, exercise conditions of thetenant preemptive right, the "equal conditions" in the exercise of the tenantpreemptive right and the exercise period of the tenant preemptive right.The chapter three discusses the basic of claim of compensation for the damagesof tenant preemptive light. And clear Gestaltungsrecht is liable to be invasive, inpractice, there have the following three types of infringed the tenant preemptive light:in a reasonable period prescribed by law, the lessor does not notified the lessee, whichmakes the lessee be deprived of preemption, the lessee’s preemption intention ishindered by the lessor or the other person, and couldn’t buy the house after exercisedthe tenant preemptive right, all that belongs to infringement liabilities.The chapter four discusses the form and scope of the tort liabilities of tenantpreemptive right. According to the lessee have exercised the right or not, thisdiscusses is divided into two parts: the first is the lessee haven’t exercised the right,and the other is the lessee have exercised, but fail to get the house in the end.