“买卖不破租赁”原则之法经济学分析

Economic Analysis of the "trade does not break lease" principle

本文运用法经济学的原理,提出现代社会,在保护承租人利益同时也应关注受让人的合法权益。在具体的法律适用上,要争取承租人与受让人因买卖不破租赁的适用而实现共赢的局面,从而使原有租赁合同在受让人与承租人之间得以更好的继续履行。

Through the 'trade does not break lease' principle of historical context,reveals early established the principle of the legislation is to give priority to protect the values of the lessee,the lessee's interest,especially housing.The use of the principle of law and economics,pointed out that in modern society,while protecting the interests of the lessee,transferee should also be concerned about the legitimate rights and interests.Specific application of the law,to fight for the lessee and the assignee for breaking the lease sale does not apply to achieve win-win situation,so that the original lease contract between the assignee and the lessee to continue to perform better.