Exploration On Some Problems About The House Lessee's Purchase Priority In China

Preemption refers to the privilege granted by law or contract to purchase the object in advance of the third of same conditions. Being a popular institution of civil law, the history of pre-emption could be traced to very ancient times. With considering of the institution of the world, there are only three types of preemption. They are preemption of communization, preemption of lessee, preemption of pawner. The essay investigates only on preemption of lessee.There are 5 chapters besides preface and conclusion:Chapter 1, overview of preemption of lessee in our country. In this part, author firstly introduces legislations of preemption of lessee in our country, and secondly the author analyzes the value of the institution. At the same time, the essay indicates that the institution of preemption is not perfect, so we must control it in some scope. Thirdly, the author introduces, evaluates and analyzes the nature of preemption of lessee. Theories of the nature of lessee's preemption are: theory of creditor's right, theory of property right , theory of conditional right of formation or right of formation. The article agrees with theory of right of formation and the essay introduces it reasons.Chapter 2, exercise of preemption of lessee. The first part introduces the time of formation of preemption. The article indicates that leasehold relation which is the basic law relationship is the foundation of lessee's preemption. But the lessee's preemption is not formed when the lease contract is signed. The preemption of lessee is formed when the lessor wants to sell his house and the third party participates in the sale. And then the second part introduces the exercise of preemption. In this part the article gives a concrete introduction about the term of the exercise of preemption. The essay gives a new viewpoint about the article 230 of contract law. The new viewpoint indicates the term of lessor's notice and the term of exercise of lessee's preemption. Especially the article divides the term of exercise of lessee's preemption into two parts. One part is term of answer and another is the term of contract. The article gives specific introduction of this two terms. And then the essay gives its viewpoint about equal terms which the lessee should comply with. The third part introduces the force of lessee's preemption, and it contains the legal validity towards to lessor, lessee and the third party's behaviors, and the legal relief effect. This article considers the sale contract between lessor and the third party is a special contract which is attached by legal conditions. And when the lessee advocates his preemption, the sale contract between lessor and the third party will invalidate. When the article discusses whether the preemption of lessee can counter the third party, it put forwards that it focuses on whether the contract is registered.Chapter 3, some exploration of problems which are exist in dispute of leasehold. In this part the article discussed that whether the subtenant can exercise preemption, how does the lessee exercises the priority in auction and if the lessee rents some part of house how does he exercises his preemption.