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优先购买权以出租人与第三人订立买卖合同为前提,是法律赋予承租人获得优先购买的一项权能。从《民法意见》到《合同法》对该项权利进行了确立,司法实践中却长期存在权利行使的程序模糊和救济保障的缺陷,导致承租人未能真正获得法律上的救济。2009年《房屋租赁合同司法解释》对承租人优先购买权的性质进行重新界定,权利的行使条件和救济也进行明确,在通知期限和赔偿责任的范围等方面仍存在很大的模糊性。
The preemptive right is based on the premise that the lessor concludes the sale and purchase contract with the third party, and is a right granted by the law to the lessee to obtain the preferential purchase. From “Civil Law Opinion” to “Contract Law”, this right has been established. However, in the judicial practice, the procedure of exercising rights for a long time is vague and the defect of relief guarantee leads to the lessee really can not obtain the legal relief. The 2009 “Judicial Interpretations of House Leasing Contracts” redefined the nature of the preemptive rights of the lessee. The exercise conditions and remedies of the rights were also clarified. There was still great ambiguity in the period of notice and the scope of the liability.