Study on the Scope of Damage Compensation for Lessee's Preemption Right

Abstract

The lessee's right of preemption system was established as early as 1999 in the "Contract Law", and in the "Civil Code" also clearly stipulates that the lessee can carry out right relief based on the claim, but there are no detailed provisions on the nature of the right and the relief methods, ways, standards, etc., resulting in many "same case and different sentences" in judicial judgment. As a result, the legitimate rights and interests of the lessee cannot be effectively protected. By combing the theory of tort law and collecting the civil judgment documents related to the damage compensation of lessee's preemption right before and after the implementation of the Civil Code, the empirical research finds that: the lack of a unified definition of the nature of preemption right leads to the court hearing cases with unclear reasoning; In the identification of the nature of compensation liability, there are tort liability, contracting negligence liability, breach of contract liability and so on, so that the basis of the lessee's claim for damages is not clear; In terms of the scope of damage compensation, the court has no uniform standard on whether and what part of the damage compensation requested by the preemption right holder, resulting in a very inconsistent judgment result. Therefore, through the nature of the lessee's preemption right, the nature of compensation liability and the scope of damage compensation, the judicial application suggestions are put forward in order to help standardize the judicial trial results in judicial practice.