关于房屋先买权延伸实务问题的探讨

Brief Discussion of Preemption on Purchasing Houses and Relating Questions

当前我国司法实践中房屋先买权主要有三类,即房屋共有人的先买权、房屋承租人的先买权和约定的先买权。共有人的先买权是基于房屋所有权而产生的典型的物上请求权,该权利是固有的,法定的。承租人先买权与共有人先买权一并归为物上请求权,只是后者的法律效力优先于前者。约定先买权是纯粹的债权,当它与共有人先买权、承租人先买权并存时,它只能敬陪末座。

There are three kinds of preemptions on purchasing houses according to our law： the preemption of the co-owner of a house, the preemption of the tenant and the preemption of the contract. The preemption of the co-owner is a typical fight of real claim based on the housing ownership, and it is regular and legal. Both the preemption of the tenant and the preemption of the co-owner are included in the fight of real claim. The only difference is that the latter is superior to the former. The preemption of the contract is a pure financial claim, and it shares no superiority with the preemption of the co-owner and the preemption of the tenant.