On The Confirmation And Solution Of Conflict Of Right In The Tenancy Relationship

According to the law, the lessee is protected by tenant preemptive right and notbreaking the sale of lease system means during the time of leasing, so there is a trendof leasehold. However, thanks to the lessee lacks the protection of real right publicityin the practice of business, it is easy to collide between leasehold and other rights.Conflict of right is the contradiction between two or more legal rights because of theambiguity and uncertainty of their boundary. In the current law, some legal rightboundary has been defined clearly, but some still is fuzzy. As a result, we need toidentify and solve the right conflict of housing rental under the guidance of the basictheories of right conflict.This article has four parts.The first part is for conflict of right overview in the tenancy relationship,discusses mainly the concept, causes and nature. Referring to the mainstream view inthe educational world, conflict of right is the contradiction between two or more legalrights because of the ambiguity and uncertainty of their boundary, which exists in thereal estate. The essence is the conflict of the interests and will.On this basis, the second part draws the way to solve conflict of right: first,determine the premise through the interest measure and value choice; secondly,choose one way from legislation, judicial means or private law autonomy.The third part is to identify the right conflict according to the analysis of allkinds of cases and the current laws and regulations. In practice, the mortgagerelations, mutual relationship or sublet relationship may be existed during the time ofleasing, so there may be a conflict of right between the lessee, the homeowners, themortgagee and the secondary lessee. In the paper, conflict of right in the tenancyrelationship can be divided into three broad categories to be discussed: one is theconflict between lease and ownership, second is the conflict between preemptive rightand ownership, the third is the conflict between statutory pre-emption rights. As aresult, only the conflict between lease and ownership and the conflict of preemptive rights between the primary lessee and the secondary lessee need to be solved.The fourth part is to solve the conflict of rights which have been identified in thesecond part. There are three ways to be chosen. And the private law autonomy is thebest one. But it needs real negotiations. Therefore, this article solves the conflict ofrights by the legislative and judicial means. And let the balancing of interest andchoice of value as a supplement, which can determine the boundary of rights.