A Research On The Lessor's Obligation Of Notification

Lessor's obligation of notification is an important part of the lessee preemption system,and the equal condition is the essential foundation to realize the lessee's preemptive right,which directly affects the reasonable performance of the lessor's notice obligation.The lessee preemption system aims to protect the interests of the lessee,and also plays a very important role in maintaining social stability.At present,there are few discussions on "the duty of informing the lessor" in the academic circles,and the provisions of the law and judicial interpretation are simple too.This paper makes an in-depth analysis of nearly 900 hundreds of judgments from 2012 to 2016 using the methods of statistical analysis,comparative research and other methods,and finds that different courts have different cognizance of "notice obligation",this has caused a huge interest gap and damaged the fairness and predictability of law.The reason lies in the ambiguity of concepts like "the equal conditions","the nature of the obligation to inform the lessor" and "the nature of compensation for damages".The purpose of this paper is to make an analysis of the above issues to define the content of the notification,the way of notification,the reasonable time limit,and the scope of compensation,then improve the relief channels for the lessee,and put forward some reasonable suggestions for the perfection on the Article 230 of the Contract Law and its judicial interpretation.The full text is divided into the following four aspects.The contents of first chapter introduce the legislative background and the system change of the 230 th article of contract law and its judicial interpretation;The contents of second chapter elaborates on the defects in current practice,the contents of the notice and a reasonable period of time and scope of compensation and relief channels,and supplemented by the judicial practice in the specific case and statistical data,points out the existing problems in practical operation;The contents of the third chapter analysis of the legal nature of the "equal condition" and "the duty of the lessor",and the nature of the compensation;The forth chapter determine the content of the notification,the way of notification,the time limit,and the scope of compensation and propose some reasonable suggestions for the perfection on the Article 230 of the Contract Law and its judicial interpretation.