Dissertation > Excellent graduate degree dissertation topics show

Research on the Preemption Right of Tenant

Author: DuJun
Tutor: FuDingSheng
School: East China University of Political Science
Course: Civil and Commercial Law
Keywords: the right of preemption tenant tenant right of first refusal the right to form obligation right
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 97
Quote: 0
Read: Download Dissertation

Abstract

About the Preemption system, whatever in common law countries or in civil law countries, is a very old system. As a common form of pre-emptive rights, the tenant’s Preemption rights play more important roles. In China, housing tenant right of first refusal which was established in the earlier civil legislation is an important legal system. Priority of this system to protect the tenant to obtain from the owner of the house for all, not only conducive to social stability, but also can promote the healthy development of the market economy, it is worth promoting.However, with the rapid social and economic development, these provisions have been with the changing social reality out of touch, leading to judicial practice and legal difficulties in the application of specific operations in the confusion, severe damage to the lessee’s rights. This paper tries to practise laws in China, based on the comparison and draws on the experience of mature foreign legislation in which there are in-depth study on lessee’s rights of first refusal on housing issues.The first part of this paper is an overview of the right of first refusal, preemptive right section. I will focus on the history of the development of preemptive rights which leads to the contents of section II, namely, the concept of preemptive rights to form and content of the third part, leasing the salient features of first refusal. The second chapter is the most important part of this thesis, in which the first part of the first section will be formed on the basis of pre-emptive rights and proposed the concept of tenant right of first refusal, then it describes the characteristics of tenant right of first refusal. In Section II, this article lists and describes the current academic issues with the lessee first refusal on the qualitative controversies exist, mainly looking forward to that, with the right conditions for the formation of said claim that the statutory right to say, and creditor and property rights, said the disputes. In section III, I will put more emphasize on the view of several controversial classification comparison and discrimination, respectively, which is described in detail of its reasonable way and unreasonable way. Finally, in section IV of this chapter will be analysis the lessee’s right of first refusal describes qualitatively. I believe that the nature of the lessee’s right of first refusal for the formation of the conditions attached to the right, and therefore the right to expect, and the right to have claims of effectiveness. This article discusses and analyzes the most developed preemption systems in some countries or in some areas for tenant requirements and the status either. To be divided into two sections, the Section I of this part is a summary of some of the major countries is how the system requirements, then the second section is a small part of the discussion on the first summarized and reviewed, with priority to buy Chinese lessee comparing the current situation of the right system to find out the current provisions of the system for the inadequacies that exist and ask questions. In this article, in the fourth part, based on the third chapter for the other parts of the country based on the analysis of the system, combined with the status of tenant right of first refusal and give a comparative analysis of evaluation. In section I of the system in the academic community for the existence of doubts. The second section focus on the practice of the existing tenants right of first refusal system of competing issues, and examples were cited by the method of clarifying the lessee and co-owner, the dian-holder, and some sub-lessee leasing pick between the right of first refusal on the conflict. The last part of this paper was based on the previous chapters presented a sound system of tenant right of first refusal of the idea, not only from the legislation, but also from the judicial practice of continuous improvement of the system may enable them to inprove the right of first refusal.To talk about the research methodology, this paper compares the integrated use of historical and empirical analysis, will demonstrate a systematic refusal of the legal nature of the lessee and with the corresponding theoretical foundation, combining with the effectiveness of the exercise of right of first refusal described the problem and also, the effect of conflict with other rights approach. In addition, I will also address the lessee’s right of first refusal in the trial exposed the practice of law application and operating difficulties and other issues in-depth study and research, rasing the corresponding legislative proposals to improve the tenant right of first refusal in the legal system in order to give further standardize the secure transactions, protect the legitimate interests of the lessee.

Research on the Preemption Right of Tenant

Abstract

Related Dissertations