Research On The System Of Pre - Emptive Right Of Housing Tenants

Lessee’s preemptive right means in accordance with the law or the contract agreement, when the lessor sell rental housings within the term of validity of the lease contract, the lessee shall have the right to give priority to the purchase of rental housing by third under the same conditions. With the rapid development of our country’s economy, the housing rental brings many new problems, the right of preemption of lessee caused by judicial disputes have emerged. However,our country’s legal provisions are not perfect, the relevant legal provisions are too simple. The establishment of the right, set up conditions, conditions of use and other provisions are not clear. In the academic research and judicial practice, there are also different views, resulting in the difficulty of the application of the law in the judicial practice, and the lessor even often circumvent the application. Therefore, some scholars argue that the system does not play a role in protecting the rights of the lessee, contrary to the legislation of "home ownership", is not consistent with the original legislative purpose, the lessee preemptive right system should be abolished.This thesis argues that the housing tenant preemptive right system has specific legal value and substantial theoretical basis. It is not only the result of the policy judgment after the value choice, but also the core part of the lessee protection system. We should continue to retain the system and make it perfect, guarantee the fairness and efficiency of housing transactions to play its due role. This paper attempts to the existing legal provisions in our country as the foundation, comb the legal provisions of the opinions of countries and scholars, and summarize the methods and results of the applicable conditions of the system. And then combined with the actual situation in our country, analysis of relevant legal system construction and the law applicable to the controversy and defects, and put forward the idea of improving the system.Firstly, this thesis starts with the basic theory of the priority purchase right, introduce lessee’s preemptive right in the history of the development, raises the controversy of the lessee preemptive right of legal value and legal nature, argument the lessee preemptive right attributes, and the system shall survive by the basic exposition. On this basis, this paper will discuss the establishment of the lessee preemption and exercise problems respectively,and investigate the relevant legal provisions of the applicable issues. At the same time, combine with the judicial practice and academic research in our country, analysis of the limitations of the current system of the right of preemption of the lessee in our country, focused on the lessee preemption in the establishment of conditions, the same conditions and legal effect. Finally, on the basis of reasonable composition of the foreign legislation,this paper will try to put forward the legislative proposals on the feasibility of the system of housing tenant right of preemption. The key is to build publicity of the registration system, the system produces antagonism effect, in order to balance between the parties interests and promote social fairness.