On The Conflict And Coordination Of Right Of First Refusal For The Co-owner And Lessee

There are two important systems in the civil law of our country, One of them is the right of first refusal for the co-owner, the other is right of first refusal for the lessee. They have unique value and meaning of legislation of legal system, but the law of our country is more general and dispersive. This has resulted in the lack of operability in the judicial practice; in particular,they may have a conflict and how to solve the problem of not doing any legislation. Thus a heated debate on this kind of problem in the theoretical circle, and also judicial practice has no clear rules for this kind of problem, which can not guarantee the legitimate rights and interests of the parties. Therefore, this article attempts through an overview of them, the international and domestic civil legal system concerning both the relevant legislation, both with and without conflicts may occur, and in case of a conflict should be how to solve and so on a series of problems. The article puts forward the effective coordination of the conflict of them; finally, the system of our country is getting better and better.The structure of this paper is divided into five parts except introduction and conclusion:The first part is a summary of the general theory of the right of first refusal.The second part is through in-depth and comprehensive inquiry on the relevant legislation for the right of first refusal for the co-owner the countries of the world, so as to provide scientific reference in our country.The fourth part is the mutual person with tenant right of first refusal would pre-emption rights conflict, and in case of conflict, the essay discusses how to solve.The fifth part is the summary of the full text, by reference to other countries’ legislative mechanisms to provide a reasonable and effective legislation to improve the system in our country.