The Empirical Research On The Preemptive Right Of The Second Lessee In Commitment Sublease

In order to protect the residential interests of the lessee,the law stipulates that the lessee has the preemptive right when the lessor sells the lease item.However,in the house commitment sublease,the law is not clear whether the new housing subject subtenant also enjoy this right.In practice,the judges also have different understanding about it,often lead to the same case has different judgment,damaging the authority of the judiciary.These disputes mainly focuses on the understanding of the legal status of the "lessee" stipulated in the law,whether the secondary lessee is the subject of eligible rights,and whether the right can be abandoned or transferred by agreement.According to semantic interpretation,the legal status of the secondary lessee in the commitment to sublease is consistent with the legal status of the lessee in the original lease relationship,and the rights and obligations are similar to the lessee,belonging to the lessee in a broad sense.According to the interpretation of the legal system,the recognition of the subtenant as the subject of this right does not conflict with the current legal system in effect.In order to protect the weak,the system of preemptive right of the lessee is formulated by the legislator.The secondary lessee is the weaker party than the lessee,so the secondary lessee’s preemptive right should be guaranteed.The recognition of the preemptive right of the subtenant is also in line with the value pursuit of the system in realizing substantial fairness,rectifying justice,maintaining order and improving efficiency.The secondary lessee has direct and exclusive possession of the leased building.In order to maintain the continuity of possession,it shall be confirmed that the secondary lessee has the preemptive right of purchase.When tenant and second tenant have a conflict in exercising right,the latter’s preemptive right sequence should be more priority because of the second tenant is actual occupying and using the house.This right belongs to a legal contractual right,which the lessee may also discard or transfer under the premise of respecting the autonomy of the will.The lessee’s right to discard in advance does not affect the second lessee’s right to exercise preemptive in the future.The parties to the sublease relationship may make an agreement on the ownership of the preemptive right,and the sublessee may obtain the preemptive right in accordance with the agreement.