2007•Journal of Wenzhou UniversityRequires access
Brief Discussion of Preemption on Purchasing Houses and Relating Questions
Peng Xunyang
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Abstract
There are three kinds of preemptions on purchasing houses according to our law: the preemption of the co-owner of a house, the preemption of the tenant and the preemption of the contract. The preemption of the co-owner is a typical right of real claim based on the housing ownership, and it is regular and legal. Both the preemption of the tenant and the preemption of the co-owner are included in the right of real claim. The only difference is that the latter is superior to the former. The preemption of the contract is a pure financial claim, and it shares no superiority with the preemption of the co-owner and the preemption of the tenant.