房屋承租人优先购买权制度适用中的法律问题探析

Legal Issues on the Application of the Regime of the Lessee's Right of Prior Purchase

我国合同法规定了房屋承租人对租赁房屋享有优先购买权,但这一制度在适用中仍然存在一些问题需要解决。文章提出,打包销售可否作为"同等条件"应依据是否存在"不搭售将对出租人造成不利益"这一事实进行判断;在出租人要求打包销售时应允许承租人选择适当加价仅购买租赁的房屋;应将优先购买权界定为形成权以方便承租人优先购买权的实现;鉴于承租人优先购买权制度追求的价值目标已经不复存在,应允许当事人通过合同约定预先抛弃这一权利。

China＇s Contract Law provides that the lessee of a real estate has the right of prior purchase. However, there are still problems that need to be addressed in the application of this regime. This article suggests that whether a package sale can be interpreted as ＂equal terms＂ depends on whether the non- package-sale would disfavor the interest of the lesser, that a reasonable increase of the price of the leased real estate by the lessee should be allowed when the leaser intends to make a package sale, that, to promote the realization of the right of prior purchase of the lessee, the right of prior purchase should be defined as the right of formation, and that prior surrender of the right of prior purchase by the lessee should be allowed when the value and object pursued by the regime has come down.