房屋次承租人优先购买权相关问题探析

Abstract

With the rapid growth of the market economy and the progress of the urbanization process, the housing market has begun to flourish. especially the growth of housing sublease. The house-subletting is the lease contract signed between the lessee and the sub-lessee, under the premise of the lessor's admission, and the lessor is not the parties of the contract. The contract law of our country only stipulates the preemptive right of the lessee ,in fact, the sub-lessees are weaker than lessors and lessees whether in the degree of dependence on houses or in economic status. In practice, since the contract law of our country does not stipulate whether the sub-lessee applies the preemptive right, it is often difficult for the sub-lessees to claim the right, and the courts are not unanimous in the judgments of such cases. With the increase of housing sublease disputes, it is urgent to increase the relevant laws to protect the preemptive right of the sub-lessee. Based on this purpose, this paper first expounds the concept of preemptive right and sublease, analyzes several theories about the nature of preemptive right in the academic field, and concludes that the preemptive right is the right of compulsory contracting. Then, from the perspective of the relativity of the contract, the function of property possession and the legal interpretation, The rationality of the preemptive right of the sub-lessee is analyzed theoretically. On this basis, the exercise condition of the preemptive right of sub-lessee is explored based on the exercise condition of the lessee's preemptive right. Finally, on the premise that the lessee and the sub-lessee can claim the preemptive right at the same time, it discusses how to resolve the conflict between the sub-lessee's preemptive right and lessee's preemptive right.