从司法大数据角度探析承租人的优先承租权问题

An Analysis of the Lessee's Priority of Lease from the Perspective of Judicial Big Data

《民法典各分编(草案)》的公布,使得承租人的优先承租权由一项约定权利开始走向法定化。此前,优先承租权仅见于部分地方性法规和政府规章中,并无全国性的适用规范,但实践中有关优先承租权的纠纷却日益突出,在法律没有明确规定的情况下,司法实践中此类纠纷的解决困难重重。承租人优先承租权的存在有其合理性与必然性,承租人优先承租权的法定化,乃顺应时势之举,必须加以坚持,并在发展过程中进一步明确和完善优先承租权的适用条件,允许当事人排除优先承租权的适用。

The promulgation of “A Revised Draft of the General Rules of the Civil Code” makes the lessee's priority of lease become a legalized right from a contractual right.Previously,the priority of lease was only found in some local laws and regulations,and there was no national applicable norm.But in judicial practice,disputes over the priority of lease have been increasing in number,and the absence of legal provisions has brought about many difficulties in Judicial trial activities.It must be admitted that the existence of the lessee's priority of lease is inevitable and rational.The legalization of the priority of lease conforms to the current situation and the general trend,so that it should be adhered to.At the same time,the applicable conditions of the priority of lease should be improved,but the parties should be allowed to exclude its application.