房屋承租人优先购买权的研究.doc

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论文题目：
房屋承租人优先购买权研究
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作者__
张
红
燕
入学时间： 2010 年 9 月
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专业名称： 法律硕士〔法学
研究方向： 民 法 学
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f housing lessees plays an important role in stabilizing the
relationships and protecting social vulnerable group. As our country's existing imperfect
legislation and the lack of theoretical research, this system’s effect is largely invisible. So
some scholars claim to abolish the system. With the 2009 "house lease contract interpretation"
coming on stage, the preemption right of housing lessees ushers in the new spring. This
judicial interpretation more reasonably distributes the interests of all parties and makes the
system more scientific and practical. But in general, the system still includes many problems
and needs to constantly improve in the future.
According to the defects of the system, we need discuss the right’s theoretical research
and existing legislation in order to put forward to some reasonable suggestions . Firstly, we
will discuss the preemption right of housing lessees’ concept and characteristics; through
discussing researchers’ views to abolish the right, we will reveal the right’s value and
conclude that the right should be maintain in current .Secondly, we will discuss the
preemption right of housing lessees’ nature and effect. In this part, First, we will discuss the
scholars’ different views and conclude the lessee preemptive right is an accomplished claim
right with the obligation of forced contracting creditor. Second, the preemption right of
housing lessees’ effect includes the internal effect and the external effect. The internal effect is
mainly constraints of lessors and the lessees. And the external effect is mainly about if the
preemption right can be against a third party. At last, we will study the preemption right of
housing lessees’ legislation present situation and legislative defects in our country and put
forward to the corresponding legislation opinion. Now, the preemption right of housi