The Preemptive Right And The Protection Of The Particular Debts

The preemptive right, is that the specific creditor's privilege over other creditors,subject to the law, to receive the debt on the debtor's general or specific assets, includingreal estate and movable assets. It originated from the very old civil system of Roman Law.On some specific debts, the Law vested it that it had the privilege over the general debtsand secured property. In our country, the existing law system doesn't have the preemptiveright. It draws the attention of the scholars as the Civil Law and Property Law is underdrafting. The draft version of Civil Law made by the People's University gives the conceptof the preemptive right, on borrowing the method of classification of Japanese Civil Law,and general preemptive right and specific preemptive right, separately naming the rightover the debtor's all property and the debtor's specific property. That the preemptive righton the debtor's all property is a blank space in national law system, but, the relatedcontents in foreign laws predominantly protect the particular debts like benefit-all cost,salary, death cost, etc. The protection of the mentioned particular debts is emergent and ofgreat value in China nowadays, on the contrast there is no such provisions in the existinglaws. As a result, this paper is going to discuss the issue, which is the possibility andlegislation of the preemptive right on the debtor's all property to protect the particulardebts in the future Civil Law.This paper studies the origin of the preemptive right and the foreign existing lawsystem on this issue, analyses the value and the position in Civil Law. The author reckonsthat it is of great possibility of the preemptive right on the debtor's all property to protect the particular debts in the future Civil Law. Then this paper addresses the types, turns andrestrictions of the particular debts, on the related contents in draft version and practices offoreign legislations.