Research On The Law System Of House Lessees’ Preemptive Right

Preemption system is a regular system in civil law originating from Roman law of Byzantium. There are several kinds of preemptions including shareholders’preemptive right, house lessees’preemptive right, co-owners’ preemptive right and the preemptive rights in intellectual property law. House lessees’preemptive right is the subject that is deeply investigated in this essay which has been discussed for a long time. There are different voices of whether the preemption system is good or not and should it be existing or not. Also there are different opinions of the problem that which is more important, the lessees’ right or the lessers’right. The preemption law system in our country has been long exited. It was founded and reformed in the past years. And now it is a complete system based on the article 230 of the Contract Law and specifically defined by the related judicial interpretation. Yet there are problems in the practice. To make the system perform better during its long existance, we should further improve it. And some possible suggestions will be offered based on a real case in the essay.Chapter One summarizes the implication of preemption and the ture nature of it so as to show the importance of its existance. Getting the ture nature of preemption would contribute to orienting the improvement of the system and keep the civil right be properly played in the practice. And comparing to the preemption system in other countries and regions the true nature of the preemption in our country will be clearly shown and we will be able to make it work in a more possitive way.Chapter Two lists all the requirements of the exercise of reemption from both sides of lessers and lessees.Chapter Three concerns the preemption systems in foreign countries, starting with the establishment of the preemption in Roman law and focusing on the systems in German, Swiden and Taiwan region of our country.Chapter Four focuses on the reemption system in chinese mainland region. Digging into the ancient times to find the legal provisions in the history and the establishment, the author comes to the meanings and reasons of the evolution of the system. To show the problem of abuse of preemption in practice the author quotes a real case and gives depth analysis.Chapter Five deals with the status of the preemption system in our country and draws some suggestions and solutions to counter the ambiguous articles and the inexplicit ones in the law which may lead to misunderstandings and other problems.