Research On The Preemptive Right System Of Commercial Housing Tenants In China

The lessee's priority purchase right system is an important part of the preemption right.This system has a long history and is also clearly stipulated in the laws of my country.At present,with the increase in the number of renters,disputes and contradictions regarding the lessee's priority purchase rights are becoming increasingly prominent.There are both voices of support and voices of abolition against the system.The proponent believes that the existence of the tenant's right of first refusal allows the tenant to treat the leased house as if it were their own house,and pay attention to protecting and using the house in good faith.After the tenant exercises the right and purchases the leased house,while saving both parties' time and energy,it will also reduce the occurrence of conflicts and disputes and maximize the effectiveness of the leased house.Opponents believe that the lessee already has the protection of the "buy-and-buy non-breaking lease" system,which is not necessarily economically disadvantaged.In addition,the existence of the lessee's priority purchase right system also violates the principle of equality in civil law Advocate the abolition of the system.The regulations on the system are relatively general and strong in principle.Therefore,there have been many cases of infringement of the lessee's priority purchase rights in judicial practice,which not only caused economic losses on both sides but also wasted judicial resources.Through the improvement of the system,it is necessary to standardize the notification behavior of the lessor,but also to prevent the abuse of the rights of the lessee,and then weigh the interests of the lessor,the lessee and the third party.This article analyzes and improves the system through six parts:The first part discusses the purpose and significance of the lessee's priority purchase right system,the current research status at home and abroad,and the research methods and innovations.It is hoped that by combining the current economic environment in my country,the existing problems of the tenant priority system will be analyzed and perfect suggestions will be given to enable the system to play a correct role in my country,thereby promoting the stable development of our society and economy.The second part discusses the general problems of the lessee's priority purchase system.Its nature is divided into four theories of real right theory,right of request theory,right of formation theory and right of expectation theory,each with its own reasons and deficiencies.Before selling a leased house,it is the right to expect,and after having the desire to sell the house,it is the right to form.In terms of system value,the system has the value of order,society and justice.The third part discusses the exercise of the lessee's priority purchase right.It elaborated the four applicable premises and four exclusion situations of commercial house tenants' priority purchase rights,so that we can better apply this system.In the fourth part,it discusses the legal provisions concerning the priority purchase rights of tenants in Germany and Taiwan and its reference to my country.By analyzing the content of laws and regulations outside the territory,our country's system is more perfect,which can better resolve disputes about renting,which is more used by us.The fifth part discusses the legislative status of my country's commercial housing tenants' priority purchase rights and the problems encountered in the operation.For example,the lessor's notification obligation is unclear,the reasonable period has no specific time,the same conditions involve many factors and the scope of damage compensation is unknown.The sixth part discusses the suggestions for solving the problems in the fifth part.For example,clarify the notice obligation of the lessor and the period of notice,the meaning of“equal conditions” when exercising the rights,and improve the relief mechanism for the lessee's preemption right.The existence of the lessee's priority purchase right system reflects the value orientation of the legislator,and its legislative purpose is to protect the tenant's right to reside,so that the leased house can exert the most value.By defining and exercising the priority purchase right of the lessee,analyzing and summarizing the problem,and finally improving the problem,the exercise of the right can be more standardized,balancing the interests of the lessee,the lessor and the third party,and maximizing the interests of all parties.