Study On The Preemptive Right Of House Lessee

Real estate market developed rapidly in recent years, along with the soaring realestate prices, real estate market rental housing is becoming more common, especiallyon house prices of first-tier cities.Correspondingly, damages against the lessee duringpre-emption cases is becoming more common.For legal scholars,we should beconcerned with how to apply the system of preemptive right of house lessee tocurrent society and economy.Even though our civil law has some rules about thissystem,there are still some legal issues which are controversial.I tended to analyze the system of preemptive right of house lessee to betteradapting to the development and controversy.The first part is to introduce the overview and legal change of preemptive rightof house lessee.Then it clarified the concept,the legal nature and the systemdevelopment of the system.According to the legal characteristics of preemptive rightof house lessee,this article analyzed the jurisprudential and current background ofthe system.The second part introduces the theoretical nature of preemptive right of houselessee.Starting from the mainstream view of the civil law scholar,it is beneficial toanalyze deeply afterwards.The third part of this article focused on the analysis of the force of the exercise ofthe right of preemption of the lessee.Based on theoretical analysis of domestic,inreference to comparative law on the German civil code and Taiwan-related provisions of the civil code, the author formed the proper view of the forceThe forth part focused on building the lessee exercise of the right of first refusal.The author from the exercise of a period for exercising subject, specific conditions,and exercise, and other aspects detailed interpretation of the current laws andregulations of this system.In this part of the analysis, the author not only focus ontheoretical research, also pay attention to the domestic court cases.The fifth part introduced the housing tenant right of first refusal fordamages.From violation of the preemptive right of claim of creditor’s rights as a resultof the properties, and to explore the specific scope of damage compensation, in orderto fully protect housing tenant right of first refusal.