Research On The Preemption Of Co-owner

Pre-emption of co-owner is a special civil priority right,which is established for the solutions to the civil right conflicts in the civil system.It is a main part of the Civil Law and it has been newly studied in the circle of the property right law in China in these recent years.This thesis adopts the economic analysis and the economic comparison study to make a complete research on the relative problems both in the theories and the practice.The author suggests some unique solutions to the system value of pre-emption of co-owner,the law natures and the conflicts.In order to make a perfect and complete system of pre-emption of co-owner and develop it,the writer also advises and establishment of such a right.This thesis is characters except for composed of seven chapters with about thirty thousand Chinese the preface and the conclusion.In this thesis,the author studies the system of pre-emption,viewing the problem of the reality on the system of pre-emption and the status quo of academic research on the system,introducing the fundamental of pre-emption of co-owner,making a parallel comparison based on other countries and regions of the relevant legislative practice and doctrine,drawing a reasonable proposal of legislation for the perfection of the system of pre-emption in China.In chapter 1,the concept of pre-emption of co-owner,and its nature and characteristics are introduced.First of all,pre-emption of co-owner is that some co-owner enjoys the pre-emption under the same conditions of transferring the common object.Secondly,the nature of pre-emption of co-owner is analyzed comprehensively, being put forward the creative attributes of identity of pre-emption of co-owner.Finally, the statutory right of pre-emption of co-owner,the specific features of the subject and restrictive nature of exercising the pre-emption of co-owner are showing.In chapter 2,the value of pre-emption of co-owner is analysed.The value of pre-emption of co-owner is analyzed in view of jurisdiction,while the value of efficiency,order,stability,and promoting the harmony of pre-emption of co-owner is researched from the angles of legal-economics,legal-sociology,legal-politics.In chapter 3,the classification of co-ownership is given by doctrinal exposition, then a further analysis is introduced from the aspects of priority of co-owner possessing his own part of an object,co-owner,prospective co-owner,co-owner who owns his specific part and have the common part of one object.In chapter 4,the effectiveness of pre-emption is analyzed from the aspect s of the seller,the person of pre-emption and the third person.In chapter 5,the pre-emption of co-owner is analyzed from the aspects of exercising period and exercising conditions,competing.In chapter 6,the author makes a comparative analysis,basing on China's legislative practice and several representative provisions on pre-emption of co-owner of Civil Code abroad,in turn,drawing legislative inspiration and China's legislative deficiencies.In chapter 7,the perfection of China's pre-emption of co-owner is introduced.The proposal of perfection of pre-emption of co-owner is put forward from the aspects of the scope,nature,effectiveness,exercising period and conditions of pre-emption of co-owner,based on the comparative analysis of the theory.