Limited Right Of First Refusal To Exercise Research

The of our country in 2005 has made certain progresses in the preemption in limited company. However the stipulations still have insufficiencies and flaws, especially to the procedures for the rights exercised, which will weaken the effectiveness of the preemption and initiate massive disputes. So this thesis has given the systemic elaboration on the preemption exercised with methods of comparative analysis, deductive inference and induction summarizes.This thesis is composed of the introduction, the body and the conclusion. The introduction has raised the main questions which need to be solved in this thesis.The body contains 4 parts. The first part is mainly the basic theory which has elaborated the connotation, the extension, legal characteristic, correlation system, legal nature, legislation pattern, system value, philosophy of the preemption in limited company, and defined the research scope in this thesis at the same time. The second part is the right exercised which has given elaboration on the pretage condition, the important elements and the concrete way of the right exercised with the comparative analysis method. The third part is the legal effect and lawsuit relief on the preemption. Different legal effect will be produced by the preemption to the specific main body. The lawsuit relief is concentrated on the lawsuit type, the lawsuit matter, the lawsuit subject, the jurisdiction, the request, and the lawsuit period. The fourth part is the perfection to our country's legislation which has connected the preamble elaborations with our country's concrete conditions, proposed the correlation legislate suggestions on the right exercised, the legal effect and the lawsuit relief system, expecting to perfect the legislation on company.