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Research On The Legal Issues Of The Lessee's Preemptive Right

Posted on:2018-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:B J ChengFull Text:PDF
GTID:2416330566499680Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the rapid development of economy,the housing prices of the city remain high.There is a growing demand for rental housing.Rental housing is common in today's social life and already prevalent in major cities.There is no doubt that house leasing has played an important role in promoting the use and social stability.But the status of the house's owner and the lessee is in an unequal state.In order to balance their interests between the lessee and house's owner.The law directly gives the preemptive right for the lessee to limit the owner's ownership.Although we have a series of provisions on the lessee's preemptive right to resolve the disputes about the lessee's preemptive right.However,the existing law on the lessee's preemptive right slightly humble,leading a series of problems in the application process,Including the fuzziness of the requirements,the lack of acting against and effect of demonstration,the different identification standard of damage.And this article research on the legal issues of the lessee's preemptive right.Make the suggestions to protect the lessee's preemptive right effectively exercising,realizing,relieving.Firstly,to improve the excise requirements.Including to make clear that the subtenant has lessee's preemptive right,the lessee's preemptive right rule about the behavior which is similar to the selling,the time limit for the lessee's preemptive right,the standard of“the same condition”,the extension of exertion for the lessee's preemptive right.Secondly,to improve the acting against and effect of demonstration,make sure that the realization of the lessee's preemptive right.Finally,to improve the rules of damage compensation,clarify the responsibility of house owners,the scope of compensation and the calculation method,make sure that the lessee's preemptive right can be fully remedied.
Keywords/Search Tags:Lessee's preemptive right, Right attribute, Penalty for damages
PDF Full Text Request
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