On Tenants Pre-emptive Right To Purchase

With the prosper of real estate,face the high housing price,many young manchoose to rent apartment.This phenomenon has stimulate the Housing RentalMarket.But the regulation about renting is few.So It is necessary for our country todetail laws about Lessee’s pre-emption right, in order to ensure the lessee’sinterests.This paper focus around the range of the housing,without Commercial rent’sresearch.The main research materials of this paper is <German Civil Code>,<civil lawof taiwan>,law of mainland China and it’s judicial interpretation as well as somefamous Scholars’ paper,also some Classical Cases.I adopt comparison method,takeexamples and illustrate them,in order to analysis the faultiness of our law on Lessee’spre-emption right.And make them up.After my alalysis, although the Lessee’s pre-emption right,legal provision is notmuch, but this only provisions and practice of performing also appeared a lot ofdeviation.Provisions of the law changes all time as theory varys.Thankfully,our lawfollows tightly of the development of mainstream views.e.g, The Supreme People’sCourt’s interpretation about a number of issues of specific application of the law onthe hearing of urban housing lease contract dispute cases"(JudicialInterpretation[2009]No.11),discards the118Clause of<principle of civil law>,whichconflict<property law>.However,Article230of <the Contract law> plus<JudicialInterpretation>also are not comprehensive,For instance,what is the “the same term”,what is “sell”, how can we “notice”,the calculation method of “period”.This paper also hold these main points, combined with scholars works and papers, post my ownpoint of view,and fully discuss with few examples.For example“the same term”,“the same time” and “the same same way” aboutpayment all belongs to the same term。The discussion part of this paper can letscholars know clearly about the concept of the same term and the range of the sametermFor“sell”。The concept of the“sell”need be illustrated fistly,let everybody have ageneral idea.Second, demonstration of preemptive right of the lessee to “sell" is theexercise condition for notification time.Again, argumentation can exclude the right of preemption of lessee of severalcases.Finally, I will talk about the“auction" and “business" in common.For the notification time and way.Firstly，I will introduce the circular body andthe notice of the obligation..I will argument the contents of the notice as well as theauction notice again.Secondly,about the time limit.The main argument should be thelessee shall exercise the right of preemption of lessee after the“reasonable period oftime", rather than before,which is consistent.with the author’s thought about the theright of preemption of lessee at the same time.Also I will go on demonstrating the right of preemption of lessee of theproperty effect.And its relationship with mortgage right. And also with Bona fide thirdparty legal consequences.Finally， i will puts forward the proposal about the system of the right ofpreemption of lessee. In order to make this system better maintenance the socialharmony and stability.