On Defensible Validity Of The Pre-emption Right Of Lessee

Pre-emption right as know as the first refusal right, has already existed inRoman.the pre-emption right of lessee is on kinds of the pre-emption right,it refersto the specific person enjoy by law or contract, which has the pre-emption right as thesame condition when lessor sold house. Especially in the lease term, lessor doesn’tnotice lessee and sold the house to the third person and transfer the registration. If theper-emption right of the lessee has defensible validity to the third person. In otherwords, if the lessee exercises the pre-emption right can make the real right changebehavior invalid or only have the right to ask the lessor for compensation.This thesis is divided into four chapters:The first chapter is the summary of the pre-emption right of the lessee.there arefour sections in this chapter.the first section is the concept of the defensible validityof pre-emption right of lessee. in this section, the article presents the different fourunderstanding of the defensible validity of pre-emption right of lessee and shows theconcept of the defensible validity of pre-emption right of the lessee in this article. Thesecond section is the controversy of the nature of pre-emption right of lessee in theoryand practice and introduces some different natures of the pre-emption right of lessee. The third section is the affection of the pre-emption right of lessee and show it candivide in the defensible validity or not. The four sections is the summary of thischapter.The second chapter is the positive analysis about the defensible validity ofpre-emption right of lessee affects the contract of the third person.there are threesections in this chapter, the first chapter is the tort due to the invalidity of the thirdperson’s contract in judicial referee reason. The second section is violation of the lawin judicial referee reason. The third section is the summary of this chapter. Thischapter presents the general understanding in judicial practice about the relationshipbetween the defensible validity of the pre-emption right of lessee and the contracteffection in the lessor and the third person by positive analysis and criticizes it.The third chapter is the analysis of the defensible validity of the pre-emptionright of lessee. This chapter is the core part of this article and divided into threesections, the first section is the positive analysis of the defensible validity of thepre-emption right of lessee, it shows the server effects about the lessee exercise thepre-emption right in judicial practice by positive analysis and analyzes it. The secondsection is the server types about the pre-emption right of lessee and presents thestandpoints about the defensible validity produce by the registration, law and equity.The fourth section is the summary of this chapter.The fourth chapter is the deadline of the lessee exercise the pre-emption right.This chapter divided into three parts.the first part is the deadline of the lessee exercisethe pre-emption right about the no defensible validity and present that it will extinctthrough time. The second section is the deadline of the lessee exercise thepre-emption right about the defensible validity and present that it will not extinctthrough time except knowing the lease relationship.