A Study on the Legal Character of Lessee's Pre-emption Right

In current legal system of China, pre-emption right is the right of credit. Exercise of the right means the right holder will take the place of original offeror(the third party),and that turns into the right of replacing offer in terms of legal nature. Even after the third party is informed about pre-emption right and makes new offers, the right holder can still enjoy the right of replacing offer until the contract is dealt. Besides, in cases of lessee's pre-emption right being infringed by the seller, whether the buyer (the third party) is in good faith should be taken into consideration. If the buyer acts in good faith, the obligee of pre-emption right can only claim the seller for breach of contract or infringement compensation and responsibility. Otherwise, the seller and the third party are legally supposed to be liable for the damages caused by the tortious conduct, which is joint and several liability either, unless the contract between the seller and the third party is invalid.