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本文以具体案例为切入点,重点分析了在租赁物的所有权转移前出租人对承租人取得的终止合同的权利能否随租赁物同时转移给买受人的问题。首先,文章通过案件介绍了“买卖不破租赁”在司法适用中存在的不同观点;其次,从理论上和制度上分析了分歧产生的原因,指出了“买卖不破租赁”在性质上属于合同权利义务的概括转移;最后,具体分析了权利义务如何转移、何时转移,指出了买受人无权受让租赁物,所有权转移前,出租人享有合同解除权,并提出了借鉴德国民法典的具体立法建议。
This article takes the specific case as the point of entry, and emphatically analyzes the issue of whether the rights of the lessor to terminate the contract obtained by the lessee before the ownership of the leased property can be transferred to the buyer at the same time with the leased property. First of all, the article introduces the different views on the application of “the sale and the sale of the leased property” in the judicial application through the case. Secondly, it analyzes the reasons of the disagreement both theoretically and institutionally, and points out that “the sale of the leased property is not broken” Which is the general transfer of the contract rights and obligations; Finally, the paper analyzes how to transfer the rights and obligations, and when the buyer is not entitled to transfer the leased property. Before the transfer of ownership, the lessor has the right to terminate the contract, Specific legislative recommendations of the Civil Code.