Study On The Rule Of Lessee’s Priority To Lease In Article 734(2) Of Civil Code

Article 734 of the Civil Code added the second paragraph on the basis of the first paragraph of Article 236 of the former Contract Law,confirmed the priority to lease for the first time at the legal level,and upgraded it to a statutory right through legislation,effectively providing a legal basis for the court to decide the case,i.e."the lessee shall have the priority to lease the property under the same conditions after the expiration of the lease term".The priority to lease the property has been recognized by legislation.However,there are still many unrecognized areas surrounding the implementation of the priority to lease the property.The first part of this paper introduces the background and the influence of the priority right of tenancy.Before the implementation of the Civil Code,the priority right of the lessee of a house is not a statutory right,and the exercise of priority by the lessee mainly depends on the terms of the lease contract.The stipulation about the priority of tenancy is only scattered in some local policy documents,but it can be traced back to the Ming and Qing Dynasties to lay the foundation as a reference.At present,the reform of our country’s housing rental system insists on the inclination protection to the tenant as the value guidance.Under the premise of insisting on the standard of the lessee,the process of the legalization of the preferential lease has finally come to an end.To a certain extent,this system can protect the interests of the lessee who is in a relatively weak position and restrain the lessor’s autonomy of real right,on the basis of respecting the autonomy of the will of both parties,the exclusion of the priority right of the lessee to lease the lease by contractual provisions shall be allowed.First of all,house leasing shall be distinguished from commercial leasing,meanwhile,the living interest and commercial interest of the lessee are respectively protected by the system.Finally,by the application of judicial big data,the article retrieves and extracts the cases involving the priority of lease in the judicial practice.According to the retrieval data,the article briefly analyzes the judicial status quo of the priority of lease.In the second part of this article,by citing typical cases,the problems and difficulties in the judicial recognition of the priority of tenancy right are summarized,mainly including the easy change of the lessor’s will for renewal of lease,the wide scope of equal conditions and the uncertainty of the reasonable period for exercise of the right.In addition,different understandings on the nature of priority to lease directly affect the exercise of priority to lease and its legal effects.The third part of this paper makes a corresponding response to the previous discussion,and confirms that the core of the purpose of the priority of tenancy lies in the word "priority",which means that the priority of tenancy can only be applied when there is a third party’s competition.In addition,from the legal nature,conditions,method and effect of such right,the understanding of "equal term" and "reasonable term" and justified reasons for excluding the exercise of such right,the Company made certain appraisal on the right of the first lease,so as to have a more comprehensive and in-depth understanding and analysis of such system,and put forward the views and suggestions of this paper.Based on the discussion of the above three parts,the fourth part of this paper focuses on the right conflict and relief of the priority lease right,and discusses the priority lease right between the lessee and the third party,between the co-owner of the house and the lessee,between the lessee and the lessee based on the kinship,and between the lessee and the sublessee.