There Were People On The Right Of Preemption

Joint owner's purchase priority is that the joint owner can purchase the share of the joint ownership prior to the others according to the law. Nowadays China has been admitting and protecting joint owner's purchase priority, although The Real Rights Law of P.R.C. implemented on Oct.1st, 2007 still fail to make the contents of the right, lack maneuverability, and bring a lot of inconvenience in the judicial practice. And As such, on the basis of comparing and learning from the legislation of Macao and Taiwan regions and foreign countries, the author specially analyzed the exercise and the legal protection of the joint owner's option to purchase with a view to improving the system and maintain the rights of the joint owner.In addition to the introduction and conclusion, the paper is divided into four parts.The first part of the paper outlined the theory of the joint owner's option to purchase.After comparing and analyzing the legislation of Macao and Taiwan regions and other countries, in condition with the stability of social relations and the use of the object to the greatest extent, the existence of the joint owner's purchase priority is necessary. The Real Rights Law of P.R.C. allow part of the joint owner to sell the objects, in order to fully protect the interests of the joint owner, the application of the purchase priority should be extended to the whole of the total object. In the external effect, the right of purchase priority can not resist the goodwill of the third person. This part provides a theoretical premise to the following analysis.The second part of the paper emphased on the scope of the right of purchase priority. This paper is the analysis of the ownership of real right, other types of property uninclued.The third part of the paper focused on the exercise conditions and the duration of the right of the joint owner's purchase priority. The joint owner only can purchase the object when the price, payment and other conditions are equal. While a conflict arise between the joint owners, I think the buyers can purchase the object based on the shares. And while accounting a conflict between the lessee and the joint owner, judges should lay discretion on the basis of using the object better.The fourth part of the paper analyzed legal protection for the joint owner's purchase priority. In entities, if the rights have been infringed, the owner can relief their rights in accordance with the general theory of tort. In the proceedings, the nature of the litigation on the joint owner's purchase priority should be recognized as the conforming litigation. As to the equal condition, the seller should burden the obligation of the proof. Meanwhile, in order to maintain normal trade order the interests of the third person with goodwill also should be protected.