Research On My Country’s Commercial Preferential Lease Right System

Since the reform and opening up,my country’s socialist market economy has developed rapidly,and a large number of commercial entities have chosen to rent shops as a way to carry out commercial business activities.Owning a fixed place of business is an inevitable prerequisite for carrying out commercial activities.Commercial leasing tenants often need to invest a lot of money and energy in store decoration and commercial promotion activities in order to obtain stable operating income and customer groups.However,as a continuous contractual relationship,the leasing relationship itself contains the genes for the expiration of the leasing contract.There is an inevitable relationship between the commercial lessee’s demand for a stable and long-term lease relationship for the store and the lessor’s ownership of the store.conflict.The traditional civil law is more inclined to protect the ownership,so in the traditional lease relationship,more emphasis is placed on the protection of the lessor’s ownership.However,this kind of system design originated in a society with immature commercial development and relatively closed economic exchanges.For the modern society with frequent commercial exchanges and close economic ties,it lacks the protection of the interests of commercial lessees.Since the commercial lessee has invested a lot of money and energy in the store during the operation process,it has formed a unique goodwill and customer groups,which can enable it to obtain more potential transaction opportunities.In this case,it is of great significance for the lessee to obtain the extension and renewal in time when the lease term of the house expires.If the lease relationship expires,the commercial lessee and the lessor reach an agreement to renew the contract,which is undoubtedly conducive to the continuation of the commercial influence of its own business activities;Finding another place will often bring great losses to the commercial lessee.Paragraph 2 of Article 734 of my country’s "Civil Code" officially legalizes the preemptive lease right,and the preemptive lease right has also officially changed from an intentional right to a statutory right,and commercial leaseholders have also obtained the legal protection of lease renewal interests.Our country adopts a legislative style that integrates civil and commercial affairs.The Civil Code contains many commercial law norms.Therefore,the Civil Code of our country largely undertakes the functions of maintaining economic order and regulating the allocation of market resources.Since house leasing in our country is not clearly divided into residential leasing and commercial leasing,the same regulations apply in the Civil Code no matter whether the leased house is used for commercial operation or for residence,which also leads to the treatment of commercial lessees.There is a disadvantage of "insufficient commercial law"in the protection of lease renewal interests.In view of this,this article searches for relevant cases and from the perspective of commercial lessees,summarizes the difficulties faced by commercial lessees in judicial practice when they claim priority lease rights and analyzes the reasons for their failure.Provide some feasible suggestions for the renewal interest of the person.Combined with our country’s judicial practice,my country’s commercial priority leasehold mainly faces five difficulties in the application,including the arbitrariness of the lessor’s expression of taking back the house for his own use,"equal conditions" are easy to expand and difficult to fair,and the exercise of the priority leasehold under the competitive bidding model "Same case with different judgment",the way of exercising commercial priority leasehold is vague,the scope of damages is difficult to determine,etc.Through comparative analysis and on the basis of drawing lessons from the experience of other countries,specific system suggestions are put forward for the above problems:limit the arbitrariness of the lessor to take back the house,require the lessor to undertake a relatively strict obligation of proof for the takeover for its own use,and prohibit it from carrying out and The same or similar business activities of the original commercial lessee,to prevent them from embezzling the business assets of the commercial lessee,and at the same time,the lessor shall not rent out the house within one year after taking back the house for its own use;the core elements of the same conditions are restricted,Limit it to the three easily quantifiable indicators of rent,lease term and payment method,and unify the standards of judicial judgment.Whether other conditions are required to be the same should be based on whether it has a substantial and significant impact on the interests of the lessor.The lessor will provide evidence and explain,and the judge will finally make a comprehensive decision;for the application of the commercial priority lease under the bidding mode,the off-site bidding mode will be determined,and the lessor will inform the commercial lessee of the highest quotation after the bidding is over.It voluntarily decides whether to match with the same quotation.This mode can protect the lease renewal interests of the commercial lessee to the greatest extent;in terms of the specific application of the commercial priority lease right,the lessor is required to fulfill the obligation of notification to be legalized,The degree of clarity and specificity,timely inform the commercial lessee of the details of the third party’s bidding,and at the same time,in order to prevent the commercial lessee from being lazy in exercising its rights,it is stipulated that it should express its willingness to renew the lease in advance,so as to take into account fairness and efficiency.In terms of the calculation method of damages for breach of contract,it is suggested that the scope be limited to the loss of performance benefits,the cost of alternative performance,the loss of business suspension,the actual loss caused by the breach of contract,and the loss of obtainable benefits;The reasons,as well as the experience and enlightenment of foreign laws that are too inclined to protect the lessee,propose to rebalance the interests of the lessor and give the lessor the right to adjust the rent in order to better balance the interests of both parties to the lease and achieve long-term stability of the commercial leasing relationship.