On Prior Call

In the law of our country, prior call is a concrete civil right. Because of inadequate regulation, problems relative to it generated in practice. Just as follows: in substance, whether the prior call actually exists or not? How to use or protect it? In procedure, how to define the prior call dispute nature and determine appropriately the capacity as a subject, arrange the onus of proof, the main body of the judge?In theory, some people believe that prior call is a kind of right that one part under conditions prescribed by law or appointed have the right to buy a certain assets from the other part which the saler is willing to accept the third person's invitation at the same terms or special terms. Its nature is property right, comparative right, right in forms, exceptive right, exclusive right, basic right and acquiring right. It can be either principle or accessory right. Promissory prior call has only obligatory right effect while legal prior call has the validity of real right, which also be limited by the third person acquiring system and estate real right registration validity in order to protect the equity of the third person in good will.According to a various standards prior call can be divided into different types. Its purpose is to determine different dealing principle of coincidental various prior calls. The exercise of prior call is based on its happening, which has limitation to the subject, the space of time, same condition and object. Promissory prior call can be transferred acting on the contrast while legal prior call cannot be transferred and inherited in general. The condition of its termination is expiration, refusal, object missing or legal ban on circulation and so forth. Only if the saler and the buyer's right and duty combined do they could be protected at equal.The protect to prior call is not only in procedure but also in substance. In substance, protection include the preclude to unprior call as well as relief of the infringe on it. In practice, especially in the compulsory auction. The protection of the prior call to the person out of course should be strengthening. Only in this way could make the prior call actually be carrying out and get relief.