The Lessee Prioritizes The Relief Path Of The Tenancy

With the development of China's commercial rental market,the commercial lease the lessee preemptive right infringement phenomenon has become increasingly prominent,on the legal protection of the priority to rent is paid more and more attention.The lessee's preemptive right can be protected by our laws are not clearly defined,practice a that sparked controversy.The relevant provisions of the priority of lease in our country law,combined with judicial practice,in the existing legal norms and legal protection system design,give the priority to rent to protect there are many obstacles.This article from the Xingyuan company and Canon film company,the film company leases Starting with the typical case of disputes,the Canon film company,in this case the preemptive right can be protected through in-depth analysis of the theory and judicial practice and many other obstacles.From the priority to rent the achievement condition and properties,pointed out that Canon pictures,the priority of lease has been accomplished,the loss should be get support.At the same time the article pointed out that,despite the current law on the lessee preemptive right protection is not clearly defined,but given the legal protection of the lessee preemptive right is necessary.In this paper,the related legal norms in our country did not make clear provisions of the circumstances,be "contract law" The principle of honesty and credit,the principle of autonomy of will,is divided into four parts:The first part is the basic situation of the case and disputes,mainly includes the case,case reports,differences of opinion and debate and so on.This part focuses on the Canon film company and Xingyuan Real Estate Corporation in the case of the priority of lease is the need for achievement of Xingyuan Real Estate Corporation compensation and other issues on the Canon studios,there are different views described and summarized the focus of controversy in this case for Canon pictures,the priority of lease is achievement and path of relief?The second part is the analysis of the legal issues in the case,the main focus of controversy surrounding the case are discussed.The first part analyzes the achievements of the priority of lease conditions,the case that Canon film company has the priority to lease achievements conclusion.Then,this part carries on the analysis from the nature of the priority of lease,so that request the right of priority to lease belongs to contracting obligations?The third part is the case of legal thinking.Firstly,the paper analyzes the plight of judicial protection.It is pointed out that due to the lack of clear legal provisions,the protection of the priority to rent the insufficiency of the current law is cited to protect judicial practice also has the insufficiency,the judicial protection and then from the dilemmas.In the trial practice of the priority to rent the protection plight,to the people's court is entitled to the lessor and the third person contract invalid and the lessor of compulsory contracting and the lessee and analyze how to calculate the loss and third people,at the same time,some of the details of the trial practice of cognizance Analysis.Finally,this paper,in the framework of the existing legal system,can refer to "contract law" of the priority to rent protection.And the relief from the path of rationality,the timely analysis?The fourth part is the conclusion of the case,the case of Canon film company's priority in the establishment of the right to lease and its relief measures?...