A Study On Civil Pre-emptive Right

Pre-emptive right refers to the privilege granted by law or contract to purchase the object in advance of the third party of same conditions. It is an important institution of civil law. While China's existing legislation on pre-emptive right is far from perfect, which leads to a lot of confusion in juridical practice. In the thesis, the author manages to analyze pre-emptive right in order to advantage practice. Besides lead-in and conclusion, the dissertation contains five chapters. In the first chapter, the author studied the history of the Pre-emptive right in both China and foreign countries, from which we can conclude pre-emptive right comes into being for the need of society development. It plays an indispensable role with respect to stabilizing the economical order, decreasing the cost of transaction and promoting the harmonious of society. At the same time, this system presents a conversion from the ideas of the modern material procession to an efficient use. So the author claims we should keep and amend the pre-emptive right. There are some typical theories about the nature of pre-emptive right, through analyzing and commenting them, the author draws the conclusion that pre-emptive right is an expectant right, a right in forms with attached condition. Statutory pre-emptive right is of the power of real rights, while contractual pre-emptive right is of the power of creditor's rights with exception that it is of the power of real rights by public summons. Because of the limited of length, the author only analyzes pre-emptive right in civil law in the third chapter, including Co-owner's pre-emptive right and house tenant's pre-emptive right. Pre-emptive right shall be exercised at the moment the object is sold, by the same offer as the third party present, in a specific period, in a specific way and the righter can not abandon pre-emptive right ahead of time. In the last chapter, the author draw the conclusion that it is different of nature in dealing with co-own object and co-own share。Co-owner's pre-emptive right and house tenant's pre-emptive right can not conflict.