Study On Protection And Exercise Of Rights Of First Refusal For Leaseholder

Rights of first refusal for leaseholder,it means as a leaseholder who had signed alease contract include citizens、legal persons and the other organizations,had rightsprior to those who want to buy the same house when the house-owner send it toothers.And it should make the same conditions in it.To the nature for Right of firstrefusal,I don’t agree with that the Rights of first refusal for tenant is Property law orRights of formation,based on the current Civil law Rights of first refusal for tenant iscreditor’s rights.As the Legislation Practice advanced, the force of law for the Rightsof first refusal for tenant changed,it can’t fight against the third personunconditionally,this paper thinks that it had force of law by the time limit oflegislation and the scope of application of law.The tenant is restricted when to wieldthe power buying the house,namely obligation of information、 time、 and therestriction of same condition.According to the logic of legislation,and habit of deal of real estate、mobility ofmarket,it’t reasonable to wield the power whin tree months when buying theobject.As the complexity and variety of the market transaction,it can’t be restrictedexcessively.It should includes price of object、term of payment and methods ofperformance.So that it can not only simplify the trading procedures but also decreasethe transaction cost.When here were the tenant and part owners on theobject,according the current law,there will be conflict when the wield the power,andit’s seems to be inescapable.This paper believes that it must be considered from theseangles: Efficiency and Orders,part owners of the house and the subtenants’right is inpriority when buying the house.Compared to the part owners of the house and thesubtenants,the owner’s relative is special,it should be considered from value and living’s angle,exercising the rules of showing evidence to wield the power.When inmarket auction and in judicial sale, the owner of the house and person of securityright auctioning the house,Rights of first refusal for tenant should be protected,whichcan be in these ways,including announcement methods、inquiration methods andauction methods,that can protect rights of these people.So that,it can not only protectof first refusal for tenant,but also maintain the order when auctioning to weigh thepros and cons.