The Study Of House Lessee’s Priority To Lease’s Problem

Housing tenant priority right, it is to point to when the lease term expires, under the same conditions,the lessee enjoys of lease of the original rental housing rights take precedence over others.As a real right of housing tenant, priority right of tenant can satisfies the lessee to lease the continuous use of the building, and the lessor can realize to the disciplinary right of the building. From the perspective of commercial law, the priority right to rent the lessee to special protection, reflects the highest value orientation of the economic interests of commercial law. From the basic principles of civil law in our country, the protection of the lessee priority right of tenant, is carry out party autonomy principle and the embodiment of the principle of good faith. In prior to the expiration of the lease term the lessee to the lessor’s request for priority to rent, but the lessor easy based on all kinds of reason to refuse the request of the lessee. Due to our country “general rule of the civil law”, “contract law”and other positive law have not about housing tenant preferred bear hire authority to direct regulation, and the parties of the right to housing tenant priority rules are very simple, housing tenant privileges tend to become a mere formality.in view of this, Priority right to rent house, as a kind of the creditor’s right, based on the contract of the lessee and the lessor, when dealing with the disputes in judicial practice, it is necessary to judge and weigh the lessor’s right of freedom and the lessee’s trade-off between priority right of tenant, so as to make reasonable. Housing tenant priority rights on the premise of legal effective long-term lease contracts and the expiration of the lease term, the lessor is willing to continue to lease the building, the lessee must be within a reasonable period bear hire authority to be exercised under the same conditions. among them, the same conditions should include the rent and its payment, lease, the lessee’s ability to pay, etc. At the same time, for the lessee defaults, the lessor to tender for lease rental housing, to building the overall rental, should be ruled out applicable housing priority right of tenant. And the infringement of the right to priority to rent housing tenant judicial relief is only requires the lessor shall bear the liability for compensation, and not to confirm the lessor’s contract with the third person is invalid or forced contracting, the scope of the liability to pay compensation is the introduction of the French civil code migration compensation system. In mutual person, the third person, and some times bear hire authority to produce right conflict between the lessee, should distinguish between different situations, respectively.