On Tenants' Pre-emptive Right To Purchase

Due to high prices of house, many people still need rent house to solve living problems in modern society. Study on preemption right of the lessee has great significance in protecting the interests of tenants and balancing the interests of the lessee, the lessor and the third party. Many countries and regions have established tenant preemption system, China is no exception. There are some legislative requirements on lessee's pre-emption right, such as China's "views of Civil Law", "Contract Law" and "judicial interpretation of Supreme People's Court on the hearing of disputes in urban housing rental contract" in 2009. However, these legislative requirements are not perfect. They bring a lot of operational difficulties.On the basis of comparing the advanced legislative experience in other countries and regions, the paper analyzes the nature of the lessee and the exercise issues of preemption. The paper is divided into introduction, body and conclusion of three parts, of which the body is divided into two chapters.Introduction lists our current legislation of lessee's pre-emption right, and puts forward the necessity of tenant preemption system in the modern system, and pointes out the main issues that the article to clarify. The first chapter which discusses the basic theory of lessee's pre-emption right consists of two aspects. On the one hand, the chapter analyzes the concept and nature of tenants' preemptive right to purchase. On the other hand, the chapter illustrates the legal basis and the value of lessee's pre-emption right in modern society by the analysis and argues the view of against the existence of tenant preemption system.In the second chapter is the focus of this article. The subject of the second chapter is the exercise issue of lessee's pre-emption right. Firstly, this chapter discussed the condition of the lessee to exercise preemptive rights, including the precondition for the exercise of lessee's pre-emption right, the exercise period of lessee's pre-emption right and the "equal conditions" in the exercise of lessee's pre-emption right. Secondly, this chapter analyzes the issue of the coexistence of pre-emption rights in the exercise of lessee's pre-emption right, including the coexistence of pre-emption rights between the lessee and co-owners, the exercise issue of lessee's pre-emption right in the case of sublease and the exercise issue of lessee's pre-emption right in the case of several people renting the same house. Thirdly, the limited issues in pre-emptive exercise of the lessee, including lessee's pre-emption right of transfer, inheritance restriction, the exercise issue in the situation that the scope and effectiveness of lessee's pre-emption right is different from the scope and effectiveness of lease item for sell, the validity of prior abandon lessee's pre-emption right , exclusion of the exercise of lessee's pre-emption right while the third party is specific people, the exercise issue of lessee's pre-emption right in compulsory auction.The conclusion summarizes the article and sort out the whole structure.