On The Priority Right Of Tenant In House Leasing

Newly enacted "civil code" in article seven hundred and thirty-four of the contract made up on the basis of the original "contract law" the 236 th was added as the second which houses ",at the end of the lease term the lessee shall have the right to priority under the same conditions to rent ",for the steady existence of house lease the lessee the lease relationship provides legal protection,and balancing the rights and obligations of the lessor and the lessee,To some extent,it is necessary to further distinguish the difference between commercial housing leasing and housing leasing in the realization of the right of priority,so as to maintain the right of priority of housing leasing and establish judicial credibility to the greatest extent.In this paper,the tenant’s priority right of housing leasing as the research object from the following specific discussion:First of all,through the statistical analysis of the cases related to the exercise of the right of priority in judicial practice,an overall summary is made,which leads to the specific problems to be discussed in this paper.Secondly,this paper briefly summarizes the relevant theories of the right of preemption of housing lease,and draws relevant conclusions about the right of preemption through comparative analysis of various viewpoints,which provides a strong theoretical support for the effective operation of the right.Thirdly,it provides a solution for how to further realize the tenant’s priority right in judicial practice.From the exercise conditions,exercise methods,exercise period and other aspects,to the realization of the priority to provide specific solutions.It focuses on the analysis of the "equal conditions" required by the realization of the priority right of lease,and finds the most effective solution path for the realization of the priority right of lease.Finally,if the tenant’s priority right of leasing is infringed,how to better realize the problem of relief to the tenant.This part adopts the research method of legal theory analysis and empirical analysis,and makes details on how to realize the priority right of lease in China’s Civil Code,analyzes and discusses the reasons for the obstruction and relief of the exercise of the priority right of lease,and then puts forward effective ways of relief.