Research On Priority Rent Right System

The promulgation of 《Civil Code of the People ’s Republic of China》 in 2020 has a milestone significance for the priority lease right,indicating that the priority lease right has been recognized by legal norms.However,《Civil Code》 has only a general provision on the priority lease right,which leads to some disputes in judicial practice on how the lessee exercises the priority lease right,how to define the infringement of the priority lease right and how to remedy the priority lease right,and it is difficult to achieve effective protection of the legitimate rights and interests of the lessee.How to balance the interests relationship between the lessee and the lessee,and how to properly solve the disputes over the priority of the lessee have become urgent problems to be solved.This paper first analyzes the theoretical basis of the existence of priority lease : the emergence of the right to lay the historical basis of priority lease.The provisions of foreign law on priority lease right provide reference for dealing with priority lease right disputes in China.Priority rental right can not only stabilize social order,but also improve housing utilization efficiency,and protect the interests of vulnerable groups of lessees.Secondly,how to exercise the priority tenancy : to make clear the subject of priority tenancy,the lessee and the housing co-owner can become the subject of priority tenancy in the case of sublease.Determine the conditions for the exercise of the priority rental right,’ reasonable period ’ for a month,’ equal conditions ’ require the original lessee to continue to lease the house will not have substantial damage to the lessor should have received economic benefits.When the priority renting right of the lessee conflicts with the renting right of the third party,the co-owner of the house and the sub-tenant respectively,the priority renting right cannot resist the renting right of the third party and the sub-tenant,but it can resist the priority renting right of the co-owner of the house.Furthermore,the claim for damages of priority lease right : in the case that the lessor fails to perform the notice obligation on time,the claim for damages of priority lease right is based on the concurrence of tort liability and breach of contract liability.Under the premise that the lessee fully fulfills the notification obligation but subletes without authorization,the claim for damage compensation of the priority rental right is based on tort liability or contracting fault liability.Finally,the scope of damage compensation : the calculation method of damage compensation for priority lease should not only consider the possibility of expected interests,but also should be adjusted according to the specific situation of the case.The scope of compensation for damages for priority rental rights can be divided into the scope of damages for tort,the scope of damages for breach of contract and the scope of damages for contracting negligence according to the different basis of claim.Based on previous theoretical studies,the author puts forward suggestions on the current problems of the priority tenancy system,hoping to make some contributions in balancing the tenancy relationship and safeguarding the rights and interests of the lessee.