共有人与承租人优先购买权相关问题探析

An Analysis of the Legal Issues Concerning the Preemptive Right of Common Proprietor and Tenant

在实践中,共有人优先购买权和承租人优先购买权的冲突确实存在,当冲突发生时究竟该如何处理,无论是在理论上还是在实践中,均存在很大的争议。共有人和承租人优先购买权何者优先,是一个司法工作者在具体个案中进行利益衡量的博弈过程,也是市场秩序和物尽其用两种价值目标的博弈过程,不能一概而论。

In practical field, the concurrence of preemptive right exists indeed between common proprietor and tenant, but there are so many arguments on the handling of concurrence either in the theoretical field or in the practical field. Some of the arguments are so defective that they need to be cast light on in order to remove barriers and set the stage for further research, for example the theory of non-conflict of preemptive right, the theory of getting by good faith, the theory of guaranteeing under the principle tive right of common proprietor prior to tenant or not is a a process of balancing market order and turning property ＂tenancy prior to deal＂ . However, whether the preempprocess of balancing the interest in a case by judges, and to good account. In a word, we should take it seriously.