房屋承租人优先购买权的行使及保护研究-法律专业论文.docxVIP

living’s angle,exercising the rules of showing evidence to wield the power .When in market auction and in judicial sale, the owner of the house and person of security right auctioning the house,Rights of first refusal for tenant should be protected,which can be in these ways,including announcement methods、inquiration methods and auction methods,that can protect rights of these people .So that,it can not only protect of first refusal for tenant,but also maintain the order when auctioning to HYPERLINK /weigh_the_pros_and_cons weigh the HYPERLINK /weigh_the_pros_and_cons pros and cons. Key words:Rights of first refusal; sense of value; condition to wield power; competition of preemptive right; legal protection III 目 录 引 言 ························································································ 1 第一章 房屋承租人优先购买权的理论基础 ································· 3 一、 优先购买权概述································································· 3 （一）不动产优先购买权 ···························································· 3 （二）优先购买权的特征 ···························································· 4 二、承租人优先购买权的法律特性 ················································ 5 （一）承租人优先购买权的性质 ··················································· 5 （二）承租人优先购买权的效力 ··················································· 7 三、承租人优先购买权的价值意义 ················································ 9 （一）法理基础 ······································································· 9 （二）效益价值 ·······································································10 （三）秩序价值 ······································································· 11 第二章 房屋承租人优先购买权之行使 ······································· 14 一、优先购买权行使之法律依据 ·················································· 14 （一）存在基础的法律关系 ························································ 14 （二）基础法律关系的成立 ························································ 15 二、优先购买权行使的条件 ························································ 16 （一）通知义务 ·················