承租人优先购买权法律性质之探讨

法律性质不同,导致执法结果有所不同,因而法律价值的取向,社会效益的偏颇必有不同.我国目前对于优先购买权的规定较为疏漏因立法不清、学说不同,导致执法混乱,在优先购买权的问题上存在众多严重的分歧,影响了法律价值的实现,因此有必要对优先购买权性质进行分析,性质明确则对法律精神的充分实现起到积极的推动作用,通过对大陆法系优先购买权当前争论较为激烈的几种学说例如形成权说、请求权说、期待权亦或即得权说进行讨论,对于尊重既有秩序、最大程度实现社会效益以及合理保护弱势群体等有积极重要的意义.

On the Legal Character of Prior Purchase Rights

The different legal character has the different result of enforcement,so the legal value tendency,and the social benefit has its own respectively discrepancy.At present,the governing for prior purchasing rights in China has some negligence because of the implicit legislation and the different doctrines of jurisprudential thought,and the only result is the confusion of the law enforcement in legal system.On the issue of the prior purchasing rights,there still exist several seriously differences,thereby the reality of legal value was affected.It is necessary to analyze the characters of the prior purchasing rights therefore the legal spirits can be fully realized and promoted actively.Arguing on some doctrines about the prior purchasing rights in the Continental Legal System,such as forming rights,application rights,expectancy rights,etc.It must have a vital significance to realize the social benefits orderly and largely and to protect the feeble groups legally and reasonably.