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由于租赁权客体的特殊性,我国立法对其保护进行了强化,即采“买卖不破租赁”、“抵押不破租赁”原则,承租人可以其租赁权对抗买受人和抵押权人。由于法条规定适用范围过大,实际生活中承租人经常通过倒签租赁合同损害买受人、抵押权人利益。因此需要对租赁权进行分析,探求立法者对其保护的本意,选择交付占有作为租赁对抗要件,预防虚假租赁泛滥。
Due to the particularity of the object of the lease, our country’s legislation has strengthened its protection, that is, the principle of “buying and selling without breaking the lease” and “mortgage without breaking the lease”, the lessee can fight against the buyer and the mortgagee . Due to the large scope of application of the provisions of the law, lessees in real life often damage the interests of the buyer and the mortgagee by reversing the lease contract. Therefore, it is necessary to analyze the leasing right, to seek the original intention of the legislator for its protection, to choose to deliver possession as a leasing confrontation element, and to prevent the proliferation of false leasing.