The Rule Of The House Lessee’s Purchase Priority

The rule of the house lessee’s purchase priority is a right of lessee endowed by Law of Contract.But the stipulation of law about lessee’s purchase priority is very unsound, so the rule lacks ofmaneuverability. These cause some disputes in practice and the rule can’t exert its function. So that somescholars advocate to abolish the rule. We couldn’t abolish a rule because of some shortage. The houselessee’s purchase priority is the result of legislators choosing the policy after weighing various interests. Ithas unique value. Only because the law is a little coarse, its value couldn’t unleash. A law could be usedin practice after explanation, so I discuss the rule from the perspective of explanation of the rule,expecting the rule could unleash its value. The paper is divided into four parts:The first part is concept of the rule. This part mainly talk about the concept, nature, value and theprovision about the rule in different counties’ law. The contents above lay the foundation for discussionbelow.The second part mainly talks about the exercise of the rule. The problems are found in exercise. Atfirst, the purchase priority emerges when the lesser leases the house, not the third party participates inbuying. Later, I talk about the effectiveness of the rule. Then, the paper has introduced various situationsof the rule:“the possessor of the house sells the house”;“the seller must inform the lessee”,“the sameconditions”. After that, the paper discusses the elimination of the right; At last of the part, I discuss twospecial situations during the exercise of the law.The third part discusses the dilemma of the rule and its root. In practice, it often happens that thelessee abuses the right. When it happens, the efficiency of transaction drops and sometimes the interest oflesser infracted. The root of the problem is the basis of the rule has changed, so the rule couldn’t adapt thedevelopment of society. The forth part mainly discusses how to utilize the rule according to Chapter230of the Law ofcontract in practice. In spite of the problems emerge in practice, the rule doesn’t exist issues. The key ishow to explain the chapter of the law. In the rule of the house lessee’s purchase priority, the lesser shallbear two obligations——obligation to inform lessee that he will sell houses and obligation to inform thethird person the existence of the priority. The lessee has three interest in the rule: purchase priority; tradedoesn’t break leasehold and the right to claim damages. At the same time, the lessee must reply lesser in10days after the inform. For the third person, he enjoys the protection of the interests acquired in goodfaith, and may ask lessee to give up the right and claims to bear the Contracting Liability for Negligenceclaims.