承租人优先购买权行使若干问题——“刘润成诉中国长城资产管理公司深圳办事处房产买卖合同纠纷案”评析

Exercise of Lessee′s Pre-emption Right——Comments on an Real Estate Sales Contract Dispute

承租人优先购买权制度制定以来,在一定程度上平衡了出租人与承租人之间的利益,以达发挥房屋效用之作用,但该制度在实际适用中仍需予以细化以面对当前形势下出现的纠纷问题。在转租中应视情况承认次承租人的优先购买权,在部分承租或房屋捆绑销售时原则上应承认承租人对承租部分的优先购买权,并考虑出租人利益与房屋结构价值;从权利预先抛弃与设立目的角度不宜允许优先购买权的预先放弃,出租人在与第三人订立具有约束力的交易文件后对承租人的通知才系履行优先购买权下的通知义务,且可承认第三人对房屋出卖即交易条件通知的效力。

Since the lessee's preemptive right was stipulated in the Contract Law,the interests between the lessor and the lessee have been balanced to a certain extent,and such a system helps to make the best use of the house.This system,however,needs to be specified in its practice to solve new problems arising from disputes nowadays.In certain circumstances,the preemptive right of sublessee should be recognized.The lessee may exercise its right even though they only rent part of the house or the house is sold in a bundle,while the interests of the lessor and the structure of the house should be considered.From the view of pre-abandonment of the right,it's inappropriate to allow the lessee to abandon such right before he can really exercise it.The obligation of notice under the preemptive right should be the notice when the lessor has entered into a binding contract with the third party,and the notice about the transaction conditions conducted by the third party could be recognized.