An Empirical Study On Damage Compensation For Pre-emptive Right Of House Lessee

China's "Contract Law" and the "Judicial Interpretation of Urban Housing Lease Contracts" both make clear provisions for the lessee's preemptive right system.The "Judicial Interpretation of Urban Housing Leasing Contracts" also stipulates that the lessee's preemptive right is subject to damage.However,the current law and its judicial interpretation only have a general provision for the lessee's preemptive damage compensation,which has caused some disputes in the judicial practice regarding the constituent elements,the nature of liability and the scope of compensation for the lessee's damages.Realize the effective protection of the legitimate rights and interests of right holders.Through the analysis and summary of the existing judicial cases,it is found that there are three main problems in the judicial practice for the compensation of the lessee's priority purchase right.First,there is considerable controversy over the application of the elements of damage compensation in judicial practice.The specific performance is that in the current practice,there is no consensus on the specific identification of the requirements such as the duration of the "reasonable period" requirement,the notification content and method of the "notification obligation" requirement,the content and standard of the "equivalent conditions" requirement;Secondly,in judicial practice,the determination of the nature of compensation for damages to the lessee 's priority purchase right is more confusing.Specifically,the type of damage that affects the nature of damage compensation is too complicated,and the basis for the lessee 's right to claim damages for priority purchase rights is not clear;Finally,in judicial practice,the determination of the scope of damages is confusing.The specific manifestation is that there is a certain controversy on the compensation of the lost interest in theory,there is a certain controversy on the scope of compensation in the same damage compensation in practice,and the reference elements of damage compensation are chaotic.In the end,based on the combination of judicial practice and previous theoretical research,it puts forward perfect suggestions for the problems of the lessee's priority purchase right damage compensation in judicial practice.For the specific determination of each damage compensation element,the period of the "reasonable period" should be given priority to the parties' agreement and legal provisions.In the absence of agreement and legal provisions,one month should be a reasonable period;The lessor's obligation to notify must not only inform the lessee of the sale intention,but also the specific conditions of the sale.The specific method by which the lessor performs the obligation of notification should not be restricted,but it should ensure that the lessee can accurately obtain relevant information;The content of the same conditions should comprehensively consider the price,payment method,payment period and other factors.The criteria for determining the same conditions shall be the criteria for determining the same conditions based on the negotiation conditions reached between the lessor and the third person who purchases the house;For the determination of the nature of compensation for damages,it should be regarded as a liability for breach of contract;The scope of compensation for damages should include not only the relocation of the tenant,the search for rents separately,and the investigation of the damages suffered by the damage of their own rights and interests,but also the loss of benefits such as house price loss.The calculation of the lost interest should be specifically considered in consideration of the tenant's willingness to buy a house and the ability to buy a house.