Study On The Tenant’s Pre-emptive Right

Pre-emptive right system has a long history and been playing an important role inthe legal system, because it provides balance, weights the interests of each party,provides the weak party special rights to maintain the equality of both parties andfurther promote social harmony.Pre-emptive right of tenant is a lower concept of priority system, which inheritedthe important role of priority. Pre-emptive right of tenant plays a very important rolein protecting the interests of the tenant and maintaining social stability, which is,during the term of the lease, if the house owner (lessor) wants to sell the rented house,the lessee has right of pre-emption, if the lessor violates the lessee’s pre-emptive right,he or she shall bear the corresponding legal responsibility. However, because of theprovisions of pre-emption right is too simple and great changes have taken place insocial and economic environment, it is hard for the tenant to exercise pre-emptiverights in practice, and there is no protection of the interests of the lessee whilesometimes the lessor’s rights are violated because too much attention concentrated onthe tenant.This article attempts to define the tenant’s pre-emptive rights, and introduce thenature, value of the pre-emptive rights. This article also conducts an analysis on thepractice of pre-emptive rights, and puts forward the author’s point of view on how toimprove the tenant’s pre-emptive rights to fit with our society environment, to betterprotect the legitimate interests of both parties, to promote the security of the market.This article is divided into the following sections:The first chapter is about the basic theory of pre-emptive rights, by introducingthe definition, the nature, the condition and the effectiveness to understand thepre-emptive rights.The second chapter explains why it is necessary to have the pre-emptive right.Through the analysis of historical views and the value of pre-emptive right, that the pre-emptive rights are consistent with the economic development.The third chapter affirms the pre-emptive rights and provides some proposals tofurther improve the pre-emptive rights.