The Study On The Value Of Preemptive Purchase Rights Of Sub-leased Premises

Housing tenant right of first refusal system is our country law set up to protect the legitimate rights and interests of the lessee,refers to the homeowners before selling houses shall notify the lessee within a reasonable period,the lessee enjoys the right of preemption under the same conditions.But,our country law to the premises of the lessee whether to enjoy the right of first refusal and the tenant right of first refusal against played but there was no clear rules on the issue.Therefore,this article aims to through the case analysis,combined with the related theory knowledge,in-depth analysis of the problem.The first part of this article is a case brief,through the introduction of the basic content of the case,lists the objective facts identified by the court and the prosecution between the parties summed up the controversy in this case focus.The second part is the case analysis,this part mainly focuses on the controversy focus of the case to carry out the relevant theoretical elaboration,including the tenant's priority to the nature of the right to buy and confrontation and other theoretical issues;sub-tenants preferred right to purchase different claims;The relevant laws and regulations of the lessee,and the determination of the right of first refusal in the judicial practice.Combined with the case for analysis.The third part is the reflection and suggestion.Through the comprehensive analysis of the case,this paper puts forward the relevant thinking and suggestions on the issue from the legislative level in view of the current situation of the legal protection of the subcontractor's right of first refusal.