Research On The Priority Purchase Right Of The Lessee In The House Buying And Selling

With the deepening of economic system reform, market exchanges more frequent complex, market players in order to achieve the maximization of benefits, on the same matter set number in the phenomenon is more common, so rights conflict with each other are inevitable. How to deal with the interests of all parties in the conflict of rights is the key to maintain the stability of the market economic order. And the protection of the right of preemption of the lessee is also significant. China’s current legislation in these areas is scattered and too macro, to the practice of housing mortgage and other rights of the balance of the conflict brought difficulties. The Housing Lessee preemptive right effect of identified as the core, on the basis of the current housing mortgage and the lessee preemptive right summarizes the, for the right of preemption of lessee the special problems were discussed, for example, this paper argues that, sale does not break original lease is in the legislation should break through the limitation of traditional applicable conditions, in the lessee preemptive right system, in the compulsory auction allow the lessee to exercise the priority purchase right, but it should be with the people’s Court of the downbeat behavior does not conflict, the lessor should be specified in the normal market price expert the preemptive right. The definition of the same conditions in the priority purchase right shall be determined on the basis of the price, and other factors shall be determined on the basis of the price. Finally put forward the proposal to improve the system of the lessee’s right of preemption.