房屋承租人优先购买权的行使与保护-研究

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1、目录目录引言························································································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）

2、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·················

3、·······························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··········

4、·····························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················································

5、········16（一）通知义务·······································································16（二）行使期限………………………………………………………………17（三）同等条件·······································································18三、承租人于抵押和拍卖时优先购买权的行使································19（一）实现抵押权时优先购买权的行使·······················

6、··················19（二）房屋于拍卖时优先购买权的行使·········································20V万方数据目录第三章权利竞存情形下房屋承租人优先购买权的实现………….....22一、承租人与次承租人优先购买权的竞存及行使·····························22（一）承租人与次承租人优先购买权的竞存···································22（二）承租人与次承租人优先购买权的冲突及行使··························23二、承租人与共有人优先购买权竞存及行

7、使………………………………24（一）承租人与共有人优先购买权竞存……………………………………24（二）承租人与共有人优先购买权的冲突及行使…………………………26三、承租人之间及与出卖人近亲属优先购买权的竞存及行使……………28（一）共同承租人之间优先购买权的竞存及行使·····························29（二）承租人与出卖人近亲属优先购买权的竞存及行使…………………29第四章房屋承租人在拍卖中优先购买权的法