A Study On The Basic Theory Of The Tenant’s Pre-emptive Right

The lessee’s pre-emptive right of purchase is not a substantive right,it should be a kind of power,that is,the legal force generated by the right,which is called a right just for convenience.The basic right of the lessee’ s preemptive right to purchase is the debtor’ s claims under the lease contract.The right to request and the right to form are both a kind of power,but the legal force is different."The statement with the right to request for compulsory contracting" lacks a theoretical basis,and it is more appropriate to define the right attribute of the lessee’s priority purchase right as the forming right.The lessee’s right of first refusal is established with the entry into force of the house lease contract,but the exercise of the lessee’s right of first refusal must have a "formation reason" that is,the lessor and the third party violate the notification obligation when entering into a house sale contract.The "effect" of the exercise of the lessee’s priority purchase right is reflected in the legal effect of the house sales contract formed between the lessee and the lessor.The core issue is the resistance to the third party.The basis of the lessee’s right to claim damages may be the liability for breach of contract for non-performance of the debt,the liability for negligence in contract,or the infringement liability that infringes the lessee’s right to buy first.