Research On The Preemptive Right Of Housing Tenants

Housing tenant's preemptive right is an ancient legal system,which originated from the ancient Roman law period.It means that when the owner of a house sells the rented house,he must notify the tenant within a reasonable period of time.The tenant can enjoy the preemptive right under the same conditions.Its original purpose is to protect the tenant in a weak position and to ensure the stability of his residence to the greatest extent.In the world,many countries have stipulated this system.As far as our country is concerned,our country has relatively general provisions on the lessee's preemptive right system,and its operability is not strong injudicial practice.On the basis of analyzing the nature of lessee's preemptive right,this paper analyzes and studies the lessee's preemptive right system with specific judicial cases,points out the existing defects of the system,and puts forward relevant suggestions for improvement,so as to better play its value and function.Specifically,the content of this article is as follows:The first part gives a general introduction to the system of lessee's preemptive right.Firstly,this part introduces the historical evolution of the lessee's preemptive right and its legislation in China;secondly,through the analysis of the order value,efficiency value and fair value of the lessee's preemptive right system,this part demonstrates the rationality and necessity of the existence of the system;finally,this part makes a theoretical analysis of the nature and effectiveness of the lessee's preemptive right.In the second part,the conditions of the lessee's preemptive right are discussed.Firstly,this part analyses the content and form of the lessor's obligation to notify,and obtains the criterion of "fulfilling the obligation to notify";secondly,this part studies the key points of the lessee's right of preemption,such as "reasonable time limit" and"equal conditions,.On the basis of the study of its legislative provisions,it analysesand discusses the typical cases,and then points out that the lessee's right ofpreemption still exists.Finally,this part discusses the special situation of the lessee'spreemptive right.The third part mainly discusses the rights conflicts of different subjects and their solutions during the exercise of the lessee's preemptive right.This part focuses on the issues of how to determine the nature of various rights,how to determine the ranking of various rights,and how to choose and choose various rights among different rights subjects during the process of competing for the sale of houses.The fourth part mainly discusses the damages of the lessee's preemptive right.First of all,this part discusses the basis of the claim for damages,mainly analyzing and judging several mainstream viewpoints in the academic circle,including "liability for breach of contract"," liability for tort" and " liability for negligence in contracting".Secondly,this part introduces and discusses the calculation of compensation amount and compensation standard in combination with specific cases.