Discussing Preemption Right Of The Building Lessee In China

The lessee’s preemptive right system, is an important civil law system, which is based on the principle of freedom of contract and autonomy to the maintenance of social interests of the weak concessions products, reflects the national law on social vulnerable groups concerned about the interests and protection of spirit.In the legislation of the Civil Law, the laws about the building lessee’s preemptive right are too simple and less operable, which make the judgement about the conflict on the lessee’s preemptive right less accurate, so the legislation can’t protect well enough of the lessee’s legal right. On the basis of the references of the legislation, the articles uses many methods to make deep and comprehensive research about the theories such as the historical analysis. It also gives some legislative suggestions, which is more operable. Hopefully the Civil Law’s framework can be broken and the right can be perfected in the future, there are four parts in this article:Firstly, from concept of preemptive right of the lessee to proceed, the article makes an investigation on the building lessee’s preemptive right from the Chinese history, in order to verify whether the building lessee’s preemptive is existed in Chinese history and the evolvement of the right, then combining with relevant literature, grasp the status of legislation about the building lessee’s preemptive right.Secondly, the article makes the analysis of the legal nature of the building lessee’s preemptive right. It makes such conclusions the right has the nature of the request right, which is helpful for the protection of the lessee’s legal right.Thirdly, the article talks the precondition of the law practice of the building lessee’s preemptive right, such as the equal conditions existing basic relationship, identification, lessors inform obligation to exercise, and some special cases of preemption.Finally, combined with the full text of the paper, in view of the current problems of preemptive right system exist, such as the subject of right is too wide, the reasonable period of time is too vague, relief way too single, put forward the feasible suggestions, in order to help for the future legislation of preemptive right system.