Research On The System Of Preemptive Right Of House Tenant

As an important civil legal system,the preemptive right of house tenant is frequently used in judicial practice.Due to the rough provisions of the legal system in China's current legislation and relevant judicial interpretation,the legal system is not operable in practice,and it is difficult to effectively solve the legal disputes caused by the tenant's preemptive right,which is not conducive to maintaining the stability of social order.Because of this,some scholars questioned the necessity of the system of preemptive right of house tenants and proposed to abolish the civil legal system.The author believes that the current system of preemptive right of lessee does have some shortcomings,but it is not irreparable,and the system still has the value and significance of promoting social and economic development and maintaining social stability.Paper through carding scholars' research results,combined with the practice in some cases,at the same time against the provisions of the current law and relevant judicial interpretations,the nature of housing tenant right of first refusal,exercise the requirement and the system has the shortcomings of in-depth study,and put forward their targeted to improve the system of our country housing tenant right of first refusal of some Suggestions.In addition to the introduction,the thesis is mainly divided into the following three parts:Part ?,This part mainly defines the concept and characteristics of the preemptive right of the lessee,and clarifies the requirements and restrictions on the exercise of the preemptive right of the lessee.In addition,through the comparison and analysis of scholars' views on the legal nature of the tenant's preemptive right,it is believed that the tenant's preemptive right belongs to the formation right.In addition,a comprehensive comparison of the reasons for the abolition of the system of the right of preemption of the lessee and the proposition to retain the legal system,that the system of the right of preemption of the lessee should be preserved,and need to be improved.Part ?,This part mainly against the current legislative regulations and the relevant cases,combined with practical analysis existing in the system of our country housing tenant right of first refusal of shortcomings,such as whether the lessee enjoys a preemptive right is not clear,the lessor notice reasonable time is unknown,rent some houses the tenant right of first refusal of concurrence processing rules is missing,and the lessee preemptions damage compensation scope is unknown.Part ?,This part mainly aims at the deficiencies existing in the system of preemptive right of house lessees in China,and puts forward its own Suggestions for improvement,such as clarifying that sub-lessees in the legal sublease relationship enjoy preemptive right under the same conditions,specifying the reasonable period of notice of lessors as 1 month and refining the identification criteria of the same conditions.