Study On The Priority Of Lease In Commercial Lease Contract

The second paragraph of Article 734 of the Civil Code establishes the preferential lease right system of our country.The priority of lease has changed from a contractual right to a legal right.However,the current law on this system is too principled,lack of specific legal regulation.Through the analysis of the judicial status quo of the right of priority to rent,we know that the dispute is mainly concentrated in the field of commercial housing.It is difficult to guarantee the priority of the lessee in the commercial lease contract,which is mainly manifested in the unclear exercise conditions,the imperfect restrictive causes and the lack of legal remedy mechanism.It provides enlightenment to improve the protection mechanism of priority leasing right in commercial leasing contract by learning from the mature experience of other countries.Combining with the actual situation,this paper puts forward the following legal considerations on the protection mechanism of priority leasing right in commercial leasing contract.First of all,it is necessary to clarify the exercise conditions of the priority lease in the commercial leasing contract,including the lessor and the lessee have the intention to continue the lease,the identification of the same conditions and the exercise period and form.Secondly,it defines the restrictive reasons for exercising the priority lease in commercial leasing contracts,including short-term lease and indefinite lease,the fundamental breach of the lessee,the special relationship between the third party and the lessor,and public bidding.Finally,clarify the relief mechanism of the preferential right in commercial leasing contract,including compulsory contracting relief,damage to the preferential right in commercial leasing contract compensation rules,burden of proof distribution rules and commercial leasing publicity mechanism.