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我国民法上,房屋优先购买权制度具体体现为共有人的先买权、按份共有人的先买权和承租人的先买权,其中承租人的优先购买权制度,在房屋买卖诉讼中涉及的越来越多,而我国法律对此仅有原则性规定,导致在司法审判实践中对承租人的优先购买权制度争议诸多。本文拟从一个案例引出该制度存在的一些问题,并对承租人优先购买权的限制以及丧失优先购买权情形作了阐释,提出关注承租人优先购买权的限度及行使条件、诉讼规则设定的科学性问题。
In China’s civil law, the system of preemptive right of housing is embodied as the preemptive right of the co-owner, the preemptive right of the co-owner and the preemptive right of the lessee, of which the preemptive right of the lessee is involved in the lawsuit of the house transaction More and more, but our country law has only the principle rule to this, causes in the judicial trial practice to the lessee the preemptive right system dispute many. This article intends to draw some problems from this case from the case, and explains the limitation of preemptive rights of lessee and the loss of preemptive right. It puts forward the limitation of paying attention to preemptive rights of lessees and the conditions of exercising, Scientific issues.