Study On The System Of Lessee’s Preemptive Right

As an important system to maintain social fairness and justice,the lessee’s preemptive right system plays an important role in maintaining transaction fairness,ensuring transaction efficiency and maintaining social order and stability.This paper is based on exploring the connotation of the system of lessee’s preemptive right,starting with the most basic concept,characteristics and nature of the system,To clarify the concept of the lessee’s preemptive right is that the lessor must notify the lessee within a reasonable period of time when selling the leased house with ownership,and the lessee has the preemptive right under the same conditions.By exploring the content of the system,the author defines the nature of the lessee’s preemptive right as the right of formation,and makes clear that the right has the characteristics of legality,exclusiveness and non transferability.In the aspect of how to exercise the rights of the lessee,the object of exercising the rights of the lessee must be the rental house within the lease term,and the one beyond the lease term cannot exercise the rights.In this paper,the time node of the lessee’s exercise is discussed in detail.The node of the lessee’s exercise of rights must be based on the formation of the sales contract between the lessee and the third party.Otherwise,even if the lessee wants to exercise the rights,it cannot meet the same conditions as the third party.At this time,the "same conditions" are in an uncertain state,which does not make the rights relatively stable A fixed state.In addition,it makes a detailed analysis of the viewpoint of "equal conditions" in the theoretical circle,and definitely affirms the operability of the theory in practice.The time limit for the exercise of the right has also been explored to make it clear that the lessee needs to exercise the right within 15 days upon notification.If the time limit for the exercise of the right without notification is set as one year from the date of sale,the lessee’s preemptive right will be eliminated.At the same time,due to the development of economy and society,there is a detailed discussion on the conflict of rights of different obligees.The lessee’spreemptive right should be protected,but when encountering different obligees,how to guarantee different rights shows the pursuit of legal value,and points out the development direction for the orderly,harmonious and stable development of society.In this paper,the exclusion of the right is also analyzed.When the house is exchanged,inherited and donated,the exclusion of the lessee’s preemptive right should be considered.The existence of any system has exceptions that can not be exercised.To find out the exclusion of the exercise of rights can also better maintain social justice and public order and good customs,so that the law can achieve a good social effect and the unity of normative role.Finally,through the discussion of the infringement of the lessee’s rights,the situation that the lessor didn’t inform,the lessee’s expression of intention was hindered,and the lessor transferred the ownership of the house without authorization,all of which infringed the lessee’s rights.Through the discussion of the relevant infringement cases,it can point out the direction of the operation of the relevant system,and also play a good exemplary role in the judicial process when encountering similar situations,which also promotes the further improvement and development of our legal system.