不动产承租人权益价值损失评估

研究目的:理清不动产承租人权益价值损失的概念及根源,探讨不动产承租人权益价值损失评估方法。研究方法:文献资料法,理论分析法,报酬资本化法,案例分析法。研究结果:对不动产承租人权益损失和权益价值损失分别进行了法律和经济分析,并采用报酬资本化法探讨了不动产承租人权益价值损失评估的方法。研究结论:将承租人权益价值损失从违约损失中剥离出来,可为法庭诉讼、法庭调解和当事人协商等提供理论依据,最终能更好地保护承租人合法权益;本研究同样适用于承租人与次承租人的关系分析。

Evaluation on the Right and Benefit Losses of Real Estate Leaseholder

The purpose of this paper is to clarify the concept and origin of the benefit loss of real estate leaseholder and to explore the evaluation method for the loss. Methods employed include documentation, theoretical analysis, reward capitalization and case analysis. The results indicate:（1）juristic and economic analysis have been conducted concerning the right loss and its benefit loss of the real estate leaseholder respectively;（2）the evaluation method for the right and benefit losses has been discussed via the method of reward capitalization. It is concluded:（1）theoretical basis can be provided to the litigation, meditation and litigant negotiation through separating the benefit loss from the total loss due to the leaseholder’s breach of contract, which finally could provide better protection for the legal rights of the leaseholder;（2）this study is also applicable to the analysis on the relation between the leaseholder and sub-leaseholder.