Research On The Restrictive Legal Protection Of The House Tenant's Right Of Preemption

In the civil law, right of preemption that is abbreviated to buy the first, is a historical glorious law right, refers to special person according to the agreement or the legal rule, when ownership holder sells the movable property or the real estate, has right of preemption according to the same level condition.â‘ It broke the principle of bestowing on the right equally in the civil law, that represents one kind of civil privilege. In recent years, along with our country housing system reform and two levels of housing market opening, house business was common day by day, question on the house tenant's right of preemption gradually hastened, bring on massive disputes. Under the existing national condition, how to rule and consummate law system of the house tenant's right of preemption, regardless of in the theory or the practice, all has the big significance. The author inspects the legislation of right of preemption , and analyse the value of the house tenant's right of preemption in our country. The house tenant's right of preemption is a traditional civil system in our country, although it has its necessity of existence, its function attenuates day by day, so we should adopt the guiding principle of essential legal limit under the traditional protection. Discussion of this article only takes cleans up the mentality and promotes the correct understanding and applying of protecting the house tenant's right of preemption in judicial practice. Under the principle of the restrictive protection, the author proposes particular law applicable and the legal suggestion, in order to reduce harm to the threshold of the house tenant's right of preemption to autonomy of the will and exchange of freedom and safe.