论“买卖不破租赁”原则

On the Principle of "Sales Can not Devastating Lease

"买卖不破租赁"原则是近现代才在民法上逐步确立的一项新原则,其所导致的租赁权物权化已成为各国租赁法律发展的趋势,并以此开创了债权法的新格局。"买卖不破租赁"原则及其衍生的子原则———"抵押不破租赁"原则在司法实践中的运用,以及在立法设计上还有待进一步完善。

The principle of 'sales can not devastating lease' is a new principle established in modern civil law. It causes a result that the right of lease attains some effects of real right. It is now the tendency in the development of lease law in the world and opens up a new pattern in the development of the obligation law. Moreover, lease plays an important role in the economy life nowadays. So it is very important to give a deeper probing to it. The article analyses the principle from five aspects of its history ,basic implication,application conditions ,the right of lease attaining some effects of real right and gage can not devastating lease. Finally, the article gives suggestions to our country's legislation about the principle.