论租赁权的性质

租赁权之性质历来有债权说、物权化说和物权说之争。租赁权债权说混淆了租赁契约与租赁权的本质区别;租赁权物权化说“是一种学术上的懒惰”;租赁权物权说则剥离了现象,抓住了问题的本质,但有待完善。我国未来《物权法》应确立“房屋租赁权”为用益物权之一种的地位。

On the Nature of Right of Lease

Concerning the nature of right of lease,there have always been three doctrines,i.e.,the doctrine of credit,the doctrine of real right conversion and the doctrine of real right.The doctrine of credit has mixed up the essential difference between leasing contract and right of lease while the doctrine of real right conversion has been called "a kind of academic laziness".The doctrine of real right has seen through the appearance and perceived the essence of the problem.However this doctrine still needs to be perfected and right to lease houses should be established as one of the usufructs in China's future Law of Real Right.