论共有房屋转租中的优先购买权

On the Buying Priority of Sbuleasing Jointly-possessed Houses

共有房屋转租是当前市场经济中的普遍现象,但是我国现行的法律对此规定过于简单,在实践操作中遇到不少难题。租赁权是一种具有“物权化”的债权,其不利于保护善意的次承租人。当承租人的优先购买权和共有人的优先购买权竞合时,共有人的优先购买权优于承租人的优先购买权;当承租人、次承租人的优先购买权竞合时,次承租人的优先购买权优先于承租人的优先购买权;共有人与次承租人的优先购买权竞合时,共有人的优先购买权应当优先于次承租人的优先购买权。

It's a common phenomenon that jointly-possessed houses be subleased in the market economy at present.However,it's so simply stipulated in our country's present laws that quite a lot of posers have emerged in practice.The lease right is a creditor right of real right and it's not beneficial for protecting second leaseholders of goodwill.When the buying priorities of joint possessors and leaseholders coexist,joint possessors' buying priority is preferential to leaseholders';When the buying priorities of second leaseholders and leaseholders coexist,second leaseholders' buying priority is preferential to leaseholders';When the buying priorities of second leaseholders and joint possessors coexist,joint possessors buying priority is preferential to second leaseholders.