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The Study of House Lessee’s Priority to Lease’s Problem in My Country

Author: ZhangShiWei
Tutor: WangMingSuo
School: Henan University
Course: Civil and Commercial Law
Keywords: rental house lessee’s priority to lease conflict and relief
CLC: D923.6
Type: Master's thesis
Year: 2011
Downloads: 55
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Abstract

The premises tenant’s priority to lease that based on the creditor’s rights and increasingly important under the economic conditions, had been ignored for long time. Few scholors had studied it. In the light of its status in legal practice and legal highlights lag contradictions have become increasingly prominent on the specific study of the rights regime will increasingly urgent. This paper attempts to ensure that the lessor’s interests which legitimate and reasonable are not violated, strengthening relations in the lease in the interests of vulnerable groups protection, to achieve the balance of interests of both sides, to achieve social fairness and justice.First the article depth explain the concept of the house lessee’s priority to lease’nature. Through the comparison of the priority to rent housing tenant and Priority concept, the priority to rent the house for the tenant in the lease contract valid Lessee and without any violations, the legal basis for housing purposes, in the rental contract period expires, without prejudice to the lessor in the case of basic living, the original tenant under the same conditions of the original lease have priority over other rights of third parties to continue to rent. Combined with the lessee’s right of first refusal, the priority to rent from a housing tenant the right angles of the source, the introduction of the priority to rent housing tenant is a statutory nature of power is a kind of property claims, is a proprietary right, and is the formation of the right conclusions.Secondly, analysis the house lessee’s priority to lease’s existing social basis and value. A right to be created out must have its social base, housing the presence of the lessee has the priority to rent the social needs and legal requirements. The exercise of their rights value arising from the value of the order value and justice. Housing tenant by the existence of the priority to rent the basis of the analysis of meaning and value can be introduced to set the priority to rent the Lessee is based on this conclusion. Again, from a legal point of view for the priority to rent the Lessee’s exercise of the preliminary construction specifications, there is clear scope and exercise of its elements. Place of social housing tenants living in the priority to rent the list case, if the lessor fails to perform notification obligations, malicious collusion between the lessor and the third person, the house owners and the proposed requirements under normal circumstances when the rental contract to Time priority to rent the same conditions. And its strictly limited to the exercise of elements, such as a precondition for the exercise of rights, the exercise of a particular subject, the real elements of the exercise of such rights. Through the above priority to rent the tenant of the housing problem of the basic interpretation of this study to clarify the object and purpose of the study, as the theoretical basis for further research.Finally, the article discusses the core of the priority to rent the Lessee and to recommend ways to realize the recommendations in the law building. China’s existing laws and administrative regulations, the lessee is not the priority to rent housing to be sure, but in some local laws and regulations, this issue has been a useful exploration, such as "Shanghai Municipal Housing Rental Ordinance", "Shenzhen Special Economic Zone Lease of Houses, "and so on. With these local regulations, and over the priority to rent on the basis of housing tenant issues analysis, the priority to rent housing tenant realization of the right way is: to distinguish the priority to rent the lessee’s lease rights and the third part owners and sub-tenant the right to use the priority right to rent the three types of conflicts, based on their different characteristics, from the obligation to notify the lessor, the third duty of care of other aspects of targeted and flexible solution to the conflict. Exhausted in the general case of relief may initiate judicial proceedings to protect their rights, a clear priority to rent the complaint of the action of confirmation and the payment claim of the complex, litigants under different circumstances differ, a third party can become participants in the proceedings is the key to the lessor and the third person to enter into a new lease contract is established. Lessor is entitled to an independent right, that there is no evidence that the financial performance of the lessee under the same conditions under the premise of the new lease contract, may require the lessee to provide security, if the lessee can not provide guarantees, they will lose rights. Priority to rent the tenant of the property location for the people v. the exclusive jurisdiction of the Court’s jurisdiction. In the legislative proposal, clearly the priority to rent the Lessee to confirm the quasi-property rights, timeliness flexibility of the system, the effectiveness of overall rigor, clarity of subject, the distinction between the burden of proof the basic requirements of such rights, and proposed the establishment of norms of constructive lease registration system and rental income tax system in order to prevent a malicious third party lessors and lessees to avoid the priority to rent.The priority to rent the Lessee exercise aimed at balancing the interests of both leasing in order to achieve social justice and order. The exercise of their rights can social housing be utilized effectively. To make social life who involved the house lessee’s priority to lease effectively solve the problem, it is necessary confirmation from a legal perspective on this problem.

The Study of House Lessee’s Priority to Lease’s Problem in My Country

Abstract

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