租赁中优先承租权研究
发布时间：2018-11-24 08:40
【摘要】：随着我国市场经济的日益发展壮大,活跃的市场必然会伴随着众多租赁关系产生,房屋(不动产)的租赁更是与人们的生活息息相关。房屋(不动产)的租赁主要包括常见两种用途的租赁:居民居住用房租赁与商业用房租赁。居民居住用房租赁关系到承租人日常生活基本安定问题,近年来在我国虽然出台了一系列保障居民用房的优惠制度,如廉租房、公租房、安置房等制度,但这远远不能满足我国广大居民的居住用房需求,所以居住用房租赁在保证广大居民居所安定的过程中仍然扮演着重要的角色。而商业租赁则关系到整个社会经济秩序的稳定问题,有句古话“百年之商,勿迁良地”,一处稳定的商业经营场所,不仅关系到该商家的持续发展,更是代表着商家的商誉所在。目前,不管是在居住用房租赁关系还是在商事租赁关系中,出租人都占有绝对的主导权,此时优先承租权的提出对承租人的意义不言而喻。但在实践无法可依的情况下,如何认定承租人是否享有优先承租权?优先承租权成立的条件又是什么?其“同等条件”该如何理解?这都是在民事审理过程中棘手的难题。因此本文希望通过对一则真实案例进行剖析和理解,提取出其中争议焦点优先承租权这一问题;通过第二章对优先承租权的概念分析、与相关概念辨析、性质阐述、同等条件理解,提出笔者对优先承租权的概念、性质以及其行使条件的看法。最后针对上述具体案情分析本案原告主张的优先承租权并得出结论,认定原告袁公华在原房屋租赁合同的基础上本当享有优先承租权,进而提出若干的思考建议,望对以后类似案例有所裨益。
[Abstract]:With the increasing development of market economy in China, the active market will inevitably come into being with many leasing relationships, and the lease of housing (real estate) is closely related to people's life. Housing (real estate) leases mainly include two common uses: residential rental and commercial rental. In recent years, a series of preferential systems have been introduced in our country to protect the residents' housing, such as low-rent housing, public rental housing, resettlement housing and so on. However, this is far from meeting the residential housing needs of the vast number of residents in China, so residential rental still plays an important role in the process of ensuring the residents' residence stability. Commercial leasing is related to the stability of the whole social and economic order. There is an old saying that "after a hundred years of business, do not move to good land", a stable business place, not only related to the continued development of the business, It also represents the goodwill of the business. At present, the lessor has the absolute leading right, whether in the residential rental relationship or the commercial lease relationship, at this time, the priority of the leasehold right is self-evident to the lessee. However, in practice can not be based on the case, how to determine whether the lessee has priority lease right? What are the conditions for the establishment of the preferential tenancy right? How should the "equal conditions" be understood? These are difficult problems in the civil proceedings. Therefore, this paper hopes to analyze and understand a real case, and extract the issue of priority lease right in the focus of dispute. In the second chapter, the author analyzes the concept of priority lease right, analyzes the related concepts, expounds the nature and understanding of the same conditions, and puts forward the author's views on the concept, nature and exercise conditions of the priority lease right. Finally, in view of the above specific case, the author analyzes the plaintiff's preferential lease right and draws a conclusion, and concludes that Yuan Gonghua, the plaintiff, should enjoy the preferential lease right on the basis of the original house lease contract, and then puts forward a number of thinking suggestions. I hope it will be helpful for similar cases in the future.
【学位授予单位】：西南科技大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.6
，
本文编号：2353008
[Abstract]:With the increasing development of market economy in China, the active market will inevitably come into being with many leasing relationships, and the lease of housing (real estate) is closely related to people's life. Housing (real estate) leases mainly include two common uses: residential rental and commercial rental. In recent years, a series of preferential systems have been introduced in our country to protect the residents' housing, such as low-rent housing, public rental housing, resettlement housing and so on. However, this is far from meeting the residential housing needs of the vast number of residents in China, so residential rental still plays an important role in the process of ensuring the residents' residence stability. Commercial leasing is related to the stability of the whole social and economic order. There is an old saying that "after a hundred years of business, do not move to good land", a stable business place, not only related to the continued development of the business, It also represents the goodwill of the business. At present, the lessor has the absolute leading right, whether in the residential rental relationship or the commercial lease relationship, at this time, the priority of the leasehold right is self-evident to the lessee. However, in practice can not be based on the case, how to determine whether the lessee has priority lease right? What are the conditions for the establishment of the preferential tenancy right? How should the "equal conditions" be understood? These are difficult problems in the civil proceedings. Therefore, this paper hopes to analyze and understand a real case, and extract the issue of priority lease right in the focus of dispute. In the second chapter, the author analyzes the concept of priority lease right, analyzes the related concepts, expounds the nature and understanding of the same conditions, and puts forward the author's views on the concept, nature and exercise conditions of the priority lease right. Finally, in view of the above specific case, the author analyzes the plaintiff's preferential lease right and draws a conclusion, and concludes that Yuan Gonghua, the plaintiff, should enjoy the preferential lease right on the basis of the original house lease contract, and then puts forward a number of thinking suggestions. I hope it will be helpful for similar cases in the future.
【学位授予单位】：西南科技大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.6
，
本文编号：2353008
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