On Pre-emption

Pre-emption refers to the privilege granted by law or contract to purchase the object in advance of the third party of same conditions. Being an important institution of civil law, the history of pre-emption could be traced back to very ancient times. It also plays an indispensable role with respect to improving economical returns, stabilizing the economical order and promoting the healthy and rapid development of socialist market economy. Our China's civil legislation has also given some allowance for this issue, which is still too sketchy and impractical, therefore to be amended.In the thesis, the author manages to analyze the Pre-emption in the light of six aspects. Firstly comes exploration of the origin and evolvement of Pre-emption, with some words devoted to the future tendency of Pre-emption. Secondly, the legal and economical method is applied to analyze the legal values of Pre-emption, e.g efficiency, order, liberty, fairness and so on. Thirdly, through analyzing and commenting some classical theories of Pre-emption, the author draws the conclusion that Pre -eruption is a right in expectancy and a formed right; Statutory Pre-emption is of the power of real rights, while the contractual Pre-emption is of the power of creditor's rights with exception that it is of the power of real rights by public summons. Consequently, the theory of conditionally formed rights ,the theory- of claim or creditor's rights have all been proved to be void.The fourth part concerns the scope and types of Pre-emption. After that, some discussions are made on the condition, period, method, efficiency of the performance of Pre-emption and concurrency of Pre-emption. Finally, in view of our existing deficiency on the Pre -eruption institution, some suggestions are put forward for the legislator's reference.