On The Lessee’s Preemptive Right

preemptive right, preemption, is refers to the person according to law or agreed,where the seller sells the subject matter, enjoy under the same conditions before thethird person the right to purchase. Its history is very long. And it can be traced back tothe Roman era. At that time, its social value foundation was to maintain land privatesystem. The same period, the Chinese ancient law was set for maintaining the feudalfamily patriarchal clan system. Preemptive right has been widely used in the countriesall over the world. It proves a idiom which is, existence namely reasonable. At thispoint, several reasons contributed to this kind of situation, there are have long customreason, the demand of order, efficiency, and the development of our social economy.Compared to other countries’s mature legislation, the existing laws in China lacksgeneral sexual regulation, and the operability is not enough. This caused a similar casejudicial difficulties and judicial practice of the law enforcement is differ. In order tosolve the problem, finding the key to the problem is very important. Nowadays, thecontroversial of preemptive right mainly comes from the nature of the preemptiveright. Whether preemptive right is request right or gestaltungserklaerung? Whetherpreemptive right is real right or creditor’s right. These two question is not simple, forthere are many theory academic debates among them. In my mind, whetherpreemptive right has the nature of real right determine the role of a preemptive right.For many years, our country has been notice to protect real right and and the researchof real right. However, in the preemptive right this issue, it is a blank. In view of this, this article selects lessee ’s preemptive right as the research object, from its nature,exercising conditions as the key point. Studying the nature of the preemptive right isin order to execute the right more usefully. Which related to legal problems peopleencounter in daily life. Preemptive right makes an important role in the soceity. And itguarantee the lessee’s right. And the execution of the preemptive right directly relatedto the lessee, the lessor and the buyer. For its importance, so the execution ofpreemptive right must follow rules of law. This paper will also research on theconditions of executing preemptive right. According to our country’s currentlegislation, discusses the judicial application, and promote the lessee preemptive rightgeneral system legislation.