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House Lease Contract Executed Between The Right Of First Refusal Problem Research

Posted on:2016-07-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y GaoFull Text:PDF
GTID:2296330464450303Subject:Law
Abstract/Summary:PDF Full Text Request
China’s contract law and judicial interpretation of the Supreme Court defined housing tenant right of first refusal in the lessor when selling the house. But in reality the lessee the right to often get practical protection, in the case when a judge cannot be achieved on the application of the law, met a special case or there is no specific provision in the law case will encounter bottlenecks. And academia for qualitative is also debated pre-emption rights, this paper argues that, in fact, a kind of pre-emptive right on whether to offer the promise of rights, namely the lessor is to sell to a third party the meaning of the building, the legal force to the lessor to the lessee in the name of the offer. If the lessee agrees for the offer, then to exercise the pre-emptive right, and conclude a sales contract between the lessor, the contract only with the effectiveness of the contract of creditor’s rights.
Keywords/Search Tags:Right of first refusal, Right to qualitative, lessee, lessor
PDF Full Text Request
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