How to realize the preemptive right of house owners?

* * * Owning a house means that the house is owned not only by one party, but also by several people, and several people can exercise the right to possess, use, benefit and dispose of the house. Article 10 of the Regulations on the Administration of Private Houses in Cities stipulates: "When a house owner sells a house owned by * * *, he must submit a certificate of consent from * * *, and under the same conditions, the owner of * * * has the preemptive right." According to the provisions of this article, the owner of the house must obtain the consent of * * * when selling all the houses owned by * * *, and must issue a written certificate of consent of * * *. Some people have the priority to buy the houses they sell, but they can only enjoy this right under the same conditions as other buyers. If the conditions provided by other buyers are better than * * *, * *. I. * * * The legal concept of the preemptive right of some people The so-called preemptive right refers to the right of a specific civil subject to purchase a specific property before others according to law. * * * The preemptive right refers to the share of real estate or chattel that * * * can transfer when * * has property transfer. As the preemptive right of * * * under the same conditions, it is legal and real right. One is the existence of * * *. * * * When the preemptive right holder exercises the preemptive right, * * * has a basis, and if it doesn't exist, it won't enjoy the preemptive right. In addition, the seller's share of * * * must be clear and uncontroversial. If the share of * * * in the relationship between * * * is uncertain, the respective share of * * * should be determined first. Secondly, the property owned by the seller must be property that has not been controlled or punished by judicial or administrative organs. If * * * has a house and is sealed up by the judicial and administrative organs, the seller's share of * * * will be enforced. According to the second paragraph of Article 37 of People's Republic of China (PRC) Real Estate Management Law, "the judicial organ or administrative organ decides to seal up or restrict the real estate rights in other forms according to law". Before the judicial organ or administrative organ disposes of the property, the preemptive right holder cannot exercise the preemptive right. Second, those who have the preemptive right must be subject to "equal conditions". "Equal terms" must be the same terms according to the usual trading habits, and there are rules to follow. If the price conditions are the same, the preemptive right holder may exercise the preemptive right. Payment methods, such as immediate payment or installment payment, are immediate payment at the same price, and the preemptive right holder can exercise the preemptive right. In the case of installment payment, if the installment payment period is the same as that of the third party, the preemptive right holder may exercise the preemptive right. Otherwise, the same conditions are not met, that is, the preemptive right cannot be exercised. In addition, the preemptive right holder can exercise the preemptive right within a reasonable period of time. At present, the law of our country does not clearly stipulate the reasonable time limit of the preemptive right holder. However, a reasonable time limit should be determined according to the characteristics of the subject matter to be sold, and the necessary preparation period for the preemptive right holder to exercise the preemptive right should be given to raise enough funds. At the same time, we should comprehensively consider the specific objective situation of selling other shares, so that the preemptive right holder can not exercise the preemptive right indefinitely. If the movable property does not need to be registered, a reasonable period shall be determined within one month. If real estate or chattel needs to be registered, you can refer to Article 1 18 of the Opinions on General Principles of Civil Law: "The lessor shall notify the lessee three months in advance, and the lessee shall enjoy the preemptive right under the same conditions; If the lessor fails to sell the house according to these regulations, the lessee may request the people's court to declare the sale of the house invalid. " With reference to the above provisions, comprehensively consider the interests of the seller and the protection of the preemptive right. Second, the way to realize the preemptive right in the * * * relationship (1) The realization of the preemptive right in * * *. In the * * * relationship, when a * * * intends to transfer its share, other * * * people must exercise the preemptive right, and other * * * people have the preemptive right. There is no relevant provision in the law. One view is that the transferor decides who has the preemptive right. The reason is that in order to reduce unnecessary disputes and fully respect the ownership of the transferor, it should be decided by the transferor himself. The second view is to draw lots to decide. The reason is that the second paragraph of Article 16 of the Provisions of the Supreme People's Court Municipality on Auction and Sale of Property in Civil Execution of People's Courts (No.16,No. (2004)) stipulates that "if multiple preemptive rights holders in the same order express their acceptance at the same time, the buyer shall be determined by drawing lots". The third view is that the preemptive right should be exercised by more than two-thirds of the owners (including the intended transferor). If two-thirds of the * * * owners can't agree, the lottery will be adopted. The author agrees with the third view. The reason is that Article 97 of the Property Law stipulates that "the disposal of all real estate or chattel owned by * * * and the major repair of all real estate or chattel owned by * * * shall be subject to the consent of more than two thirds of the owners of * * * or all owners of * * *, unless otherwise agreed by the owners of * * *". If there are three * * * people, the buyer who intends to exercise the preemptive right decided by the transferor and the transferee must form the consent of two-thirds of the * * * people, which fully respects the ownership of the transferor. If there are more than four * * * * owners, only two buyers decided by the transferor and the transferee agree. If there is no consent from other * * * * owners, the buyers who make up more than two thirds of the * * * owners will exercise the preemptive right. The advantage of this approach is that the transferor will no longer participate in the management of property affairs after transferring his share of property, avoiding his subjective likes and dislikes without considering the stability and development of future relations. If * * * people can't form more than two-thirds of * * * people agree, draw lots. It not only embodies relative fairness, but also avoids and reduces unnecessary disputes in the relationship between * * *. In view of the above situation, it should be the preemptive right of * * * people under the same conditions. If there is a third party who has nothing to do with * * * bidding, the provisions of "equal conditions" shall still be observed. Only under the premise of "equal conditions" can * * * have an interior and a third person. (2) * * * How to deal with the concurrence of a person's preemptive right and the lessee's preemptive right. * * * The preemptive right of some people and the preemptive right of the lessee compete under the same conditions, and the conflict between them lies in who has the preemptive right. There are two different views on the above problems. One view holds that the lessee has the preemptive right, while the other holds that some people have the preemptive right over the lessee. The author agrees with the latter view. The reason is 1. From the perspective of rights, the preemptive right of * * * comes from the ownership relationship of * * * and has the nature of real right, while the preemptive right of the lessee is based on the lease relationship, which is a kind of creditor's right derived from creditor's right. From the theory that property right is superior to creditor's rights, the priority of the owner is superior to that of the lessee. 2. In terms of legal effect, the law stipulates that * * someone has the preemptive right, the purpose of which is to maintain the stability of the relationship between * * *, and * * someone has a closer interest in the property owned by * * * than the lessee, and his obligations are higher than the lessee, so he also gives priority to * * someone's preemptive right in the principle of consistency between obligations and rights. In addition, the lessee does not have the priority to exercise the right of purchase relative to some people. According to the theory of "sale does not break the lease", the lessee's failure to exercise the preemptive right will not affect the original lease contract. Their rights have not been affected or damaged. To sum up, under the same conditions, the preemptive right of some people is superior to that of the lessee. (3) Handling the conflict between someone's preemptive right and the bona fide acquisition by a third party. A * * * person fails to fulfill the notification obligation when transferring his * * share, but transfers his property share to a third person. How to realize the preemptive right of people who are interested in buying?