Research On The Preemptive Right Of House Lessee

The system of priority purchase right has been existing for thousands of years and has a profound historical origin. The most common is involved in the housing area of the lessee preemption. As a legal right, it is of great significance to the lessee which is in a relatively weak position in the protection of the lease relationship and it is conducive to the promotion of transaction efficiency and the stability of social order. Although the system has been modified, there are only a few rough provisions. In the process of continuous development of society, the fact that legal provisions are not clear and specific causes difficulties in judicial practice. How to protect the legal rights of the lessee? How to balance the conflict of interests between the lessor, the lessee and the third person? They are the important foundation for the study of this problem. So the author summarizes the common disputes in the process of the exercise of the right and the relief of the right and is in depth analysis of the theory and practice of different perspectives in the application of law. From the perspective of hearing related cases and solving the problem of contradiction, the author clarifies the support attitude and learns from foreign relevant mature legislation experience. The Purpose is to make suggestions to the improvement of the system of preemption of the lessee in our country from two aspects of legislation and judicature. Apart from the introduction and conclusion, this paper is divided into five parts:The first part introduces two classic cases briefly which relate to the lessee preemptive right such as "Chenli v. Changcheng Trading Company Case" and "Guangzhou City Huaning Company v. Deng Xiuhua case”. Through the basic situation and the court decisions result to find out the focus of controversy, which leads to the lessee's right of preemption in the exercise of common process and get relief in the process of practical problems.The second part analyses the legal nature of the right of preemption of lessee. Its purpose is to exercise the right to seek relief and subsequent theoretical basis. Analysis the three of the theory of nature with opposing views, the legitimate rights and interests from the perspective of effective protection, the author comes to the conclusion the right from the perspective of the effective protection of the legitimate rights and interests of the lessee.The third part discusses the problem of the lessee in the process of exercising the right of preemption. From the time point of the notice obligations to perform, content, form three aspects to determine whether the lessor has actual performance. From the "same conditions" necessary content and excluded content to define its scope and special circumstances of partial lease. The exercise period of the lessee's right when the lessor fails to perform the obligation of notification.The third part discusses the lessee in the exercise of the problems appeared in the process of pre emptive right, from the three aspects of the lessor to fulfill the obligation of notification, the content and the form to decide whether or not to have the actual performance, from the necessary contents of "equal conditions" and exclude content define its scope and part of a special case of the lessee. It also analyzes the lessor does not fulfill the obligation of notification lessee right exercise period.The fourth part deeply explains the relief of the lessee's preemptive right. The author does not uniformly believe that it is a violation of liability or liability for breach of contract. It is divided into three different situations according to the specific circumstances against infringement, pointed out that the lessor should bear the responsibility form and put forward specific suggestions of the scope of compensation.The fifth part, on the basis of the above, from the legislative and judicial improvement and put forward the idea of perfecting the lessee preemption system in China in two aspects so as to better protect the interests of the lessee.