房屋承租人优先购买权若干法律问题探析

Analysis of Certain Legal Issues on the Tenant Right of First Refusal

房屋承租人优先购买权在性质上系请求权,是基于房屋租赁合同衍生的法定请求权。当承租人优先购买权条件成就时,出租人相应负有强制缔约的义务。但在出租人直接向第三人出售房屋而未对承租人履行通知义务时,承租人是否有请求撤销房屋买卖合同之权利,以及房屋租赁合同在登记的条件下是否具有对抗包括买受人在内的第三人之效力,需从法理上进行认定。此外,房屋转租情况下该项权利的权利主体尚有待进一步确定。

The nature of the housing tenanfs preemptive right essentially is a right of claim legally derived based on houseqeasing contract. When the conditions of the housing tenant＇s preemptive right are accomplished, the lessor shall correspondingly bear the forced contracting obligation. However, if the lessor directly sells the house to a third party but fails to perform the obligation of notifying the housing tenant, wheth er the housing tenant has the right to apply for revoking the housing sales contract and whether the housing sales contract under registration has the opposing effect against third parties including the buyer should be identified from the legal theory. In the case of sublease, the subject of the housing tenant＇s preemptive right has yet to be determined. Around these issues, the author intends to make a brief definition and exploration on the housing tenant＇s preemptive right.