Research On The Part Of House Tenant's Right Of Preemption

Lessee's preemptive right is a special protection system of law to the lessees,in order to ensure and stabilize the housing rental and trading market order,to establish legal connection and restriction between the lessee and the lessor for buying and selling of the building and greatly reduces the housing transaction procedures and cost for the tenant right of first refusal.As for the lessees' preemption,there are still many deficiencies in system implementation details in our country's law,it also causes the controversy in the judicial practice of the system.With the development of China's economy and the rise of emerging industries,more and more workplaces do not occupy too much space,so partial lease becomes the best way of leasing in house leasing,which is more common in commercial leasing For some lessees,the right of first refusal as a special way of protection for its use would be of great advantage in house possession benefits,but the law for the regulation of system of tenant right of first refusal,it does not give complete protection function to protect some the interests of the lessee,thus the referee controversial situations will occur after some houses that tenant disputes generated.In view of the current research on the preemption rights of some tenants,there are still many deficiencies,so this paper will focus on such defects.In this paper,I will discuss from the part of the house if the lessee has the right of first refusal,to exercise their rights,to exercise their rights will encounter obstacles and proposes thecorresponding solution.This time line as an entire article writing process,will be discussed in this article put forward and solve every problem in this paper,this paper involves the problems whether some lessee has the right of first refusal ? How to characterize the nature of preemptive right? What conditions need to be met if some of the tenants have the right of pre-emption? What obstacles will be encountered during the exercise? What legal effect will it have on the parties and the third party after exercising the preemption right? These questions will be discussed in the articleThis article is divided into four parts,the first part is mainly to do a basic elaboration about some houses to the particularity of the lessee,about some problems in the housing tenants if they can apply preferential right system,then give a personal point of view,through the analysis of the reference provisions for later in-depth discussion provides a premise,and to this house lease to determine positioning for commercial leasing.In the second part is about the elementary theoretical issues in some housing tenants' right of first refusal,here will show some houses in this part of the lessee's rights,the conditions to exercise the rights and the nature of the rights initial discussion the condition of the right of purchase about the housing tenants to sell some and the overall houses,as the theoretical basis for this article.The third part,through the theoretical part of the housing tenants' rights of first refusal,to combining the status of concrete will happen in real life after that,to put forward the analyze and solutions about the conflict when some lessees use the first refusal.The fourth part is to discuss the legal effect of the failure of the preemptive right of some tenants and can't get the houses after exercise it.Through the actual cases,the obstacles to the exercise of rights will be described and analyzed.