Research On Damage Compensation Of Lessee’s Preemptive Right

The lessee’s right of first refusal system,as one of the contents of the right of first refusal system,has been generally recognized and established in the world.Our country established this system as early as 1999’s "Contract Law",but the legal remedy system about the right of first refusal has notbeen clearly stipulated.At present,Article 726 of my country’s Civil Code stipulates that if the lessor sells the leased house,it shall notify the lessee within a reasonable period of time before the sale,and the lessee has the right to purchase first on the same conditions.However,unless the co-owner of the house exercises the right of first refusal or the lessor sells the house to a close relative.After the lessor fulfills the obligation of notification,if the lessee does not expressly indicate the purchase within 15 days,it shall be deemed that the lessee has waived the right of first refusal.This law clearly stipulates the rights of the lessee,and the lessee can make rights relief based on the right of claim,but there are no detailed provisions on the specific relief methods,channels,legal nature,and standards,resulting in the constituent elements of damages for the lessee Issues such as the nature of the law,the nature of the law,and the scope of compensation are controversial in judicial practice.There are many "different judgments in the same case" in judicial decisions,so that the legitimate rights and interests of the lessee cannot be effectively guaranteed.Therefore,through the statistics of judicial case results,the author finds that the main factors affecting the judgment results are as follows: First,the constituent elements are not unified,which is mainly reflected in such issues as notification obligation,reasonable period,and equal conditions;second,the legal nature of damages is inconsistently determined.There are mainly tort liability theory,negligence liability theory,breach of contract liability theory,and independent liability theory.The legal nature is rather confusing,so that the lessee’s claim for damages is not clear;third,the scope of damages is not clear,and practice The scope and calculation method of the lessee’s damages have been determined in the report.Therefore,the author believes that,in order to maintain the authority of the judiciary,Ben starts from the following three aspects to provide judicial advice for the legal relief of the lessee’s right to damage compensation.The first part is mainly an exploration of the research background.The original intention of the lessee’s right of first refusal is to strengthen the management of the housing leasing market and safeguard the interests of social vulnerable groups.It is ignored,so the author aims to discuss the blank issues of the current legislation and contribute to the further improvement of the law.The second part mainly discusses the status quo of the damages for the lessee’s right of first refusal,and finds out the general problems through the analysis of the status quo.The determination of the liability and scope of compensation for its losses affirms the necessity of the existence of the system.The third part summarizes the problems and disputes existing in the judicial practice of the right of first refusal system.First,there are differences and ambiguities in the determination of constituent elements,such as inconsistent application of notification obligations,difficulties in applying the same conditions,and failure to perform notification obligations within a reasonable period of time.The determination of the scope of damages is confusing,and there are many factors that affect the damages.For example,due to the confusion in the use of reference elements and the different determination of the scope of compensation under the same responsibility;the third is the nature and standards of damages.By analyzing these problems,analyzing the main reasons for their existence and confirming their legal nature,the scope and size of the lessee’s preemptive right damage liability can be confirmed according to the breach of contract liability.The fourth part is the solution to the problem and suggestions for improvement.In practice,the lessee’s right of first refusal cannot be completely relieved.Therefore,in order to fully realize the lessee’s rights,the author believes that both in terms of constituent elements and the scope of loss.There must be a certain standard for determination and calculation,and the implementation of discretion within the standard can better protect the rights and interests of the lessee,safeguard the construction of the rule of law,and promote the development of the construction of the social rule of law.The fifth part is the conclusion.The author believes that by determining the constituent elements of the lessee’s right of first refusal,the nature of compensation,and the scope of compensation,we can better regulate the chaos of judicial trials and point out the way for the healthy development of the law.