The Legal Doctrine Analysis Of The Lessee's Priority Tenancy

The entry of the tenant's right to priority tenancy into the Civil Code reflects the orientation of China's civil legislation in keeping with the pulse of the times and responding to the demands of society.A systematic study of the tenant's right to priority tenancy from the perspective of legal doctrine will help us to correctly grasp the content of the system of this right,so as to better guide its specific application in social practice.The paper is divided into three aspects,namely,the subject of the tenant's right of first refusal,the elements of exercise and the legal effect.Firstly,in the part on the subject of the tenant's right to priority tenancy,the legislative intent of the tenant's right to priority tenancy is explained,and the practical significance and theoretical significance of giving the tenant the right to priority tenancy in the context of the housing system reform are clarified;at the same time,the scope of the subject of the right to priority tenancy is discussed from two aspects:the tenant of residential housing,the tenant of business housing,and the tenant and sub-tenant,and it is clear up that the subject of the tenant's right to priority tenancy The scope of the subject of the lessee's right of first refusal includes not only the lessee of residential premises but also the lessee of business premises,and in the case of legal subletting with the consent of the lessor,both the sublessee and the lessee also enjoy the right of first refusal.Secondly,in the part on the conditions for the exercise of the lessee's right of first refusal,the key element of the lessee's right of first refusal,"equal conditions",are analyzed and demonstrated,It can be seen that the system of "equal conditions" is the key factor for the lessee to exercise the right of preemption.,and its function is to protect The function is to protect the economic interests of the lessor from loss.Under the guidance of the principle of benefit balance the system is divided into general considerations and special considerations by means of typology analysis.In addition,we introduce the criterion of whether economic discounting can be applied to the special considerations and further analyze the subjective aspects of the lessor,such as personal preference.The analysis of the relevant factors involving "equal conditions" can help overcome the ambiguity and unclear boundaries in the determination of "equal conditions" in the past,and thus provide ideas for the determination of "equal conditions" for the lessee's right of first refusal.The analysis will help to overcome the ambiguity and unclear boundaries in the determination of "equal conditions",and thus provide ideas for the determination of "equal conditions" for the lessee's right of priority lease.Finally,in the part of the effectiveness of the lessee's right of priority,the discussion on the effectiveness of the lessee's right of priority of lease mainly focuses on the effectiveness of the lessee's right of priority of lease,the effect of formation and the effect of relief.Among them,the priority contracting effect,i.e.,the effect of priority over third party contracting,is the effect given by the legislation,and is also the concrete embodiment of the lessee's priority right as a priority right.The formation effect is derived from the formation right of the tenant's preferential tenancy,which solves the problem of the dictatorial effect of the tenant's preferential tenancy and provides a strong guarantee for the tenant's preferential tenancy.The remedial effect stems from the fact that the tenant's right of first refusal,as a legal right,may be violated,and is an effect that all civil rights should have.For protecting this right,it is suggested that the remedy should be based on the provisions of the right of first refusal,with breach of contract as the basis of claim,and damages as the form of liability,to relieve and protect the lessee's priority right of renting,to realize the tenet and goal of the lessee's priority right of renting system.