论承租人的优先购买权

On the Right of Preemption of Lessee

承租人的优先购买权是指在出租人出卖租赁物时,应当在出卖之前的合理期限内通知承租人,承租人享有以同等条件优先购买的权利。它是承租人的一项具有物权性质的法定权利,具有对抗第三人的法律效力;承租人只能在同等条件下优先行使购买权而不能以优于第三人的条件购买租赁物。同时,承租人与抵押权人并存时,谁的购买力优先的问题应引起人们法律上的思考。

The right of first refusal of lessee means that when the renting party sales the rented, he should inform the lessee of it in a reasonable period be fore selling it and the lessee has the right to first refusal on equal conditions. It's the right ex lege which has the essence of right to matter belonging to the lessee and it has the legal function of antagonizing the third party, the lessee can only perform his right of preemption on equal conditions but can't buy the rented thing on the more preferential conditions than the third party. Meanwhile, when the lessee and the mortgage person exist at the same time, the question who has the right of preemption should cause people's legal thought.