Comments On The Preemptive Rights Under The Civil Law

The preemptive right has been established in legislation in ancient and modern times in China and foreign countries just steps from its system value. From the perspective of historical development and legal economics of preemptive right, its system value is based on its strong social value and proper jurisprudential fundamentals. As the freedom of market increases, concerning the abolishment and preservation of the function of the system of preemptive right has aroused hot debates. After examination of many countries'legislation, we found that such system has not been abolished, it is the same with China, however the provisions of such system spread in the laws of China's legislation, and has not formed a unified system of rules, thus many disputes result in the application of such system. This dissertation tends to explore clearly and respectively the legal value and legal nature of civil preemptive right through analyzing its concrete forms in the provisions and expects to offer some suggestions for the perfection of the system of civil preemptive right with respect to the formation, exercise and the consequences of being infringed upon of such right.