Research On The Application Of Law Of Preemptive Right Of Housing Tenants

The lessee's preemption right is a kind of legal priority in China and is closely related to people's daily life.However,with the development of the market economy,the number of disputes arising from the lessee's preemption right is large and the case is complicated.China's provisions on the preemption rights of lessees are based on Article 230 of the Contract Law and The Supreme Court Interpretation of Circular[2009]No.11.However,because the regulations are more general and lack of maneuverability,a unified understanding has not been reached in the judicial application,which is mainly reflected in the nature,exercise,and relief of the lessee's right of first refusal.To the interests of the lessee and the authority of the judiciary,there are many questions about the rationality of the tenant's system of preemption rights.In view of the different judgments of the same case and the dilemma of the system,firstly,starting from the status quo of judicial judgment,the research methods combining quantitative analysis and typical analysis are adopted,and the relevant cases are summarized,By sorting out the current legislation on this system in our country,we extract the main problems in the application of the system,including the basic issues of the system,including the rationality of the system,the nature and effectiveness of the rights,and the issue of the exercise of rights.Relief issues after the violation.This paper proposes solutions to related problems from the perspective of maximizing the existing value of the system.The discussion on the rationality of the system,from the efficiency,economic value and the effective use of resources for the value of commercial housing,affirm the rationality of its existence,and in the new market context,the value of commercial housing protection is greater than Residential housing.Affirmation of the system has also become the premise and basis for the subsequent resolution of the nature of rights,exercise and relief.By analyzing the theoretical doctrine of the nature of rights,combined with the obstacles to the realization of rights in practice,the right is recognized as the right to form,only the effectiveness of claims,can not fight against goodwill third parties,to balance the interests of lessees,lessors,third parties,avoid the system Protection imbalances can also enable tenants to receive effective relief when their rights are violated.In the process of the tenant exercising his rights,the court can follow the principle of determining the same conditions in the judgment to deal with the increasingly complicated case,and how long the reasonable period is determined to maintain the normal trading order.From the perspective of the legal text,or from the perspective of maintaining a stable trading order,the court may examine the lessee's willingness to purchase and purchase ability based on the same conditions and the principle of reasonable time limit.When determining the basis of the claim for damages,from the analysis of the different types of infringement,under different infringement paths,the requirement to bear the liability for breach of contract is the most beneficial way for the lessee to obtain compensation.The criteria for determining the scope of compensation need to be differentiated according to different types of infringement and the type of rental housing to reflect the protection value of commercial tenants.Of course,the realization of the right of first refusal in the case of the violation of rights is in line with the legislative intent and should also be possible in judicial practice.