历史与现实——论房屋承租人法定先买权制度

The history and the reality——on house tenant's legal right to buy first

本文通过对房屋承租关系中买卖不破租赁和法定先买权制度的历史考察,认为以买卖不破租赁制度为核心的承租人保护体系,一般能较好发挥保护承租人之功效;认为房屋承租人法定先买权制度是国家在特定时期调控房屋资源的产物,不具有普适性,并进一步论证该制度在我国具有很大的不合理性,因而主张将该制度进行重构,实现从法定先买权向意定先买权制度的转变。

This article, through the research of the historical evolution of the relations in house rent which include validity of the lease contract with the ownership＂ s change and the right of priority in purchasing a leased house, holds that the system that the house tenant has the right of priority in purchasing a leased house plays an important role in the protection of the house tenants, while the right of priority in purchasing a leased house was a strategy carried by the government to control the housing rcsources in a special time, but can＂ t be popularized. Besides, the author further proves that this system is not reasonable in our country, therefore, advocates revising the system of the right of priority in purchasing a leased house from compulsory nature to optional .