Reconstruction Of Tenant Preemptive Right System

Housing Lessee preemption system is a legal system which is widely used in judicialpractice. Because the law is too simple and lack of maneuverability, the application of thesystem are difficult. How to improve the Housing Lessee preemption of the legal system, isworth discussing. Therefore, this article from the judicial actual departure, collect a lot ofjudicial cases and decisions, and classification and the analysis of the status ofimplementation of justice, live in the house purchasing priority system lessee and allaspects of the decision, which found that the lessee preemptive right system in China:Problems and legal value, and then based on the lessee preemptive right put forwardjudicial proposals to amend and improve the system.This article mainly from the judicial case, combining with theoretical analysis, thetenant right of first refusal in the first place house lease types were analyzed. Then mainlydiscusses the lesson notify the lessee exercise is preferential buy right point in time andway. Third, the article is the analysis of the housing lessee exercise is preferential buypower equal terms. Fourth, the article from the lessor without notification obligations asthe breakthrough point, the duration of the analysis of the lessee to exercise the right offirst refusal. Fifth, the article is the infringement damage relief of priority right of thelessee, the lessor and the third one is to analyze the effectiveness of the contract of the saleand purchase, and puts forward a solution to this problem. Sixth, the main part is about theanalysis of the tenant rent houses, houses sold whole, the lessee exercise of the right of firstrefusal. Tenant part of the lessee of the house when the lessor overall selling houses thequestion of whether or not to enjoy the preferential buy right, the author is tenant to rent ahouse can sell segmentation is discussed respectively. Finally the author to improve thesystem of our country housing tenant right of first refusal of the proposedrecommendations. Combined with case analysis and theory, on the basis of predecessors’research, improve the system of our country housing tenant right of first refusal of the specific operation mechanism is presented.