我国《合同法》第230条规定了房屋承租人对所租房屋具有优先购买权的法律制度,但因其立法技术和理论上的不成熟,在司法实践中引起了诸多争议,很有必要进行深入的研究和讨论。以此案为例:出租人甲因急需还贷,将一栋商品楼(一楼商铺已经出租)出卖给了第三人,因出租人尚欠银行贷款,此房处于抵押状态。买卖双方约定,出租人收到 Article 230 of China’s Contract Law stipulates the legal system that the lessee has the preemptive right to buy the houses. However, because of its immature technology and theory in legislation, it has caused many controversies in judicial practice and is necessary In-depth research and discussion. Take this case as an example: The lessor, who was in urgent need of repaying, sold a commercial building (the first floor of the shop has been rented out) to the third party because the lessor owes the bank loan and the room is in a mortgage state. Buyers and sellers agreed, the lessor received