A Discussion On Purchase Priority

Purchase priority, as an important system of civil law, refers to the right of purchase preference. In history, the first purchase priority is completely based on law, and it also had all characteristics of property right and aimed at pursuing social policies. After 《German Civil Law》 has been made, negotiated purchase priority which is the consensus of parties has get rapid progress. Since the nature of negotiated purchase priority is creditor's right, the interior of purchase priority has divided into several parts, which enlarge the scope of purchase priority. It received so great attention in monopoly capitalism that it has been considered as the reflection of nations' intervention on economy. With the economy liberalization, disputes on the function of purchase priority have occurred. However, legislations of different countries made few replies on these disputes, and the contents of purchase priority have few changes. In our country, the rules of purchase priority distribute in related laws and judicial interpretations. There is no uniform system and complete treatise about purchase priority. The scarcity of theory and practice results in disharmony of its contents. The realization and practice of its function have also been affected. This thesis gives an orientation of the functions and characteristics of purchase priority by analyzing the forms of it. It also definite the range of application and exercise condition of purchase priority, and propounds the way to solve the conflict of right and protect the realization of right.