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有关不动产租赁权的性质问题,学界一直争论不下,分别产生了租赁权债权说、租赁权物权化说和租赁权物权说。目前学界较多支持不动产租赁权物权化说,但随着理论研究的深入,该说逐渐暴露出其自身的缺陷。相较之下,租赁权物权说能够更好的解释现代社会租赁权产生的新变化、新特点,本文将对租赁权的物权性质进行阐述和分析。
Concerning the nature of the real estate lease, the academic community has been arguing for a long time, claiming the right to lease, the right to leasehold and the right to leasehold respectively. At present, the academic circles generally support the real estate leasehold property rights, but with the deepening of theoretical research, the said gradual exposure of its own flaws. In contrast, the lease of real right said to be able to better explain the new changes in society, the new features of leasehold, the new features, the nature of the lease will be described and analyzed.