A Study On The Preemptive Right Of Sub-lessee Of Lodge

The system of preemptive right for lessee is set for protecting the interest oflessee. The system’s content is that the owner of the house should inform his intentionof selling house to the lessee firstly, on equal condition, the lessee own the priority ofpurchasing. Significantly, the system of the preemptive right for lessee in Chinaoriginated in China’s youth, which has certain improvement after several decadesdevelopment, but it still existing problems which need to be solved. Significantly, thesystem of the preemptive right for lessee in China originated in China’s youth, whichhas certain improvement after several decades development, but it still existingproblems which need to be solved. This article choose to discuss three aspects aboutthe preemptive right of sub-lessee on premise of sublease: firstly, demonstrate fromtheory and positive side that sub-lessee should have the right of preemption. Secondly,through analysis the value of preemptive right of lessee and comparing the legalstatus of lessee and sub-lessee, make conclusion that sub-lessee’s preemptive rightshould be prior to lessee. Thirdly, problems during achieving process of preemptiveright of sub-lessee, including its excise qualifications, object and the lessor’s informobligation.The first chapter will discuss the value of preemptive right of lessee and the legalrelationship between lessor, lessee and sub-lessee. The value of preemptive right oflessee contains the need of legal succession, the value of people–oriented, order and efficiency.The second chapter demonstrates the reasonability of giving the sub-lessee thepreemptive right via theory and the positive side. In theory, analysis the breakthroughof the principle of contract’s relativity, the function of property possession and theextensive explanation of the230provision of the Contract Law of PRC.The secondchapter demonstrates the reasonability of giving the sub-lessee the preemptive rightvia theory and the positive side. In theory, analysis the breakthrough of the principleof contract’s relativity, the function of property possession and the extensiveexplanation of the230provision of the Contract Law of PRC. In the positive side, thearticle analyze three cases about sub-lessee’s preemptive right which was foundfrom the Chinalawinfo.com to dig judges’ viewpoints about it. Also the article quotessome courts’ standpoints for protecting the preemptive right of sub-lessee. From thesestandpoints, the author gets the conclusion that the sub-lessee of a house should havethe preemptive right which would not impede the lessee’s preemptive right.The third chapter moves forward to discuss how to resolve the conflict betweenthe sub-lessee’s preemptive right and lessee’s preemptive right based on the secondchapter. In the first part, it is saying that normally the sub-lessee’s preemptive rightshould be prior protected other than lessee’s preemptive right which is much morecorrespond to the value of preemptive right. In the second part, it demonstrates theabove conflict in three particular cases that is part lease, part sublease, and the subletis subleased to several sub-lessees by sub-lessor. The author owns the view that itmust make concrete analysis of different cases.The fourth chapter moves forward to study in-depth the exercise procedures ofthe preemptive right of sub-lessee, including its excise qualifications, object and thelessor’s inform obligation.