| As the housing rental market becomes more and more active,disputes over the priority of house Lessee in real life have also shown an increasing trend.However,at present,the law of our country doesn’t stipulate the priority of house Lessee.As a result,in judicial practice,judges often have no choice when faced with such rights without legal basis and specific rules,and can only be based on their own understanding of the case to make judgments,resulting in different judgment results in the same type of case.Therefore,this article takes the current status of the priority of house Lessee system as the starting point,and through analysis of some problems that may exist in the practical operation of house lessee’s priority,it makes some discussions on the legal application of the priority of house Lessee.This article is divided into four parts:The first part is an analysis of the status of the priority of house Lessee.Through a comprehensive analysis of the current status of house lessee’s priority in real life through the two dimensions of the status of legislation and judicial practice,then points out the main problems in the operation of the right in practice: how this right applies,Conflicts of rights and resolutions with other rights and how to get legal relief when they are violated.The second part is the discussion on the application of the priority of house Lessee.It mainly analyzes the application scope,exercise conditions,exercise period and method,and exercise restrictions of the priority lease right.In the scope of application,the author believes that the priority of house Lessee is limited to housing leases and does not include commercial leases.In terms of exercise conditions,the following four aspects should be met at the same time: 1.The house lease contract between the lessor and the lessee is legal and valid for a long time.2.The lessee(including the sub-lessee)is the exercise subject of the priority.3.The lessor is willing to continue renting the house.4.The exercise of house lessee’s priority must meet "equivalent conditions".In terms of exercise period and method,on the one hand,the lessor should perform the notification obligation within a reasonable period;on the other hand,the lessee should also exercise the priority lease right in an express manner within a reasonable period.As for the restrictions on exercise,when there is a breach by the lessee,the lessor expires the lease contract,and the leaser will openly bid for the leased house and some other special circumstances,the application of the priority of house Lessee can be excluded.The third part is the conflict and resolution of house lessee’s priority.The discussion is mainly carried out from two aspects,the first is the conflict between the priority of house Lessee and other lease rights,which mainly includes four situations,the conflicts with the sub-lessee’s priority,the conflicts among the lessee’s priority,the conflicts with some co-owner’s priority and the conflicts with the third party.The second is through analysis and comparison with the right of residence system,it is clear that in the future When the residency conflicts with the priority of house Lessee,,the residency as a property right has priority effects,it should be applied in preference to the lease priority of the nature of the debt.The fourth part is the legal relief after the infringement of house lessee’s priority.It was clarified that the main remedy for the original tenant when the priority of house Lessee was infringed was to File a lawsuit against the court.In addition,when the lessor infringes the priority of house Lessee,it should bear certain legal consequences.There are two main ways to bear the legal consequences,to confirm that the contract signed between the lessor and a third party is invalid or the lessor makes compensation to the lessee directly.However,in most cases,the court prefers the lessor to bear the liability for damages.The scope of damages is limited to the trust interest,and the specific amount should be reasonably determined by the court based on the specific case. |
