On The Preemptive Right Of Housing Tenants

Article 230 of the Contract Law of China clearly stipulates the preemptive right of the lessee,and Article 24 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Disputes over Urban Housing Leasing Contracts Clarified that the people's court does not support the lessee claims preemptive circumstances,especially the provisions of paragraph(d),the third person bought the rental housing in good faith and has been registered.This provision has considerably weakened the applicability of the lessee's preemptive right.And this system shows some "lack of rules" in the process of judicial practice.There are also some contradictions in its application.Therefore,some scholars believe that through the "Contract Law" provided for in Article 229 of the sale of non-breaking leases has been able to protect the lessee's residential interests,the preemptive right is redundant.Therefore,theorists have formed a contradictory point of view on the abolition of the preemptive right,and its core disagreement shows whether the preemptive right of the lessee should be protected by restricting the lessor's right to dispose.The disagreement is based on the value judgment,that is,the protection of the lessor Equity is also a measure of the interests of the lessee.The author believes that lessee preemptive rights under the conditions of reality still have their value,but should be modified and improved.One is to further clarify the conditions for the preemptive rights of the lessee to exercise;the second is to clarify the preemptive right of the lessee after being violated,whether it is required to exercise the priority of the right of the property or the validity of the claim;third,to further strengthen the tenancy People preemptive registration system of public notice,proper protection of the interests of third parties.