A Study On The Preemptive Right Of Sub-lessee

At present,China's housing leasing market is becoming more and more frequent,in which the growth of housing sublease phenomenon is particularly prominent.Sublease is the case where the lessee rents the house and leases the house to a third party after the renter agrees.After the sublease,the original lease contract continues to be valid,but the lessor is not the party to the sublease contract.The relationship between the three parties of subletting is mainly adjusted by two lease contracts.China's "Contract Law" only stipulates this right of the lessee,but in the sub-leasing relationship,the sub-tenant is generally more dependent on the house than the lessee,and the economic situation is worse,that is,the sub-tenant is in a more weak status.In practice,since the contract law of our country does not stipulate whether the sub-lessee applies the preemptive right,when the lessor sells the house,the sub-lessee,as the actual possessor of the house,is usually affected the most,but its claim of rights is difficult to be supported and the courts are not unanimous in the judgments of such cases.With the increase of housing sublease disputes,in the context of the compilation of the Civil Code,it is timely to add relevant legal provisions to protect the preemptive right of sub-lessees.This article is based on this writing purpose,starting with two classic cases,and puts forward the problems of sub-tenant preemptive right in judicial practice.Afterwards,the concept of preemptive right and subletting is expounded,and several theories about the nature of preemptive rights in the current academic circles are analyzed.It is concluded that the preemptive right is more appropriately defined as the compulsory contracting claim.Then from the perspective of contract relativity,possession of continuing function,expansion of interpretation of legal provisions and purpose interpretation,the rationality of the preemptive right of the sub-lessee is analyzed theoretically.On this basis,the exercise condition of the preemptive right of sub-lessee is explored based on the exercise condition of the lessee,s preemptive right.Finally,it discusses the situation in which the lessee and the sub-tenant can claim this right at the same time,and the question of which party the sub-tenant and the sub-tenant are in the first place in different situations.