Joint Owner’s Purchase Priority

The system of pre-emptive rights of the co-owners can date back to the roman ear.Currently most of the national judicial have stipulated the system of pre-emptive rights ofco-owners. China’s laws only provided for the principle of it. In order to make the systemperfect enhance its operability in practice, the author discussed this system.In addition to the summary and comments, the text was nearly thirty thousand words.The paper was divided into six parts.The first part was an overview of pre-emptive rights of the co-owners. The textintroduced the provision, concept and the necessity of the presence of the system.The second part explored the legal nature of pre-emptive rights of the co-owners. Thelegal nature of pre-emptive rights of the co-owners was not look right, not a property right,not claims, not claim, nor the formation of conditional rights, but the right of formation. Thepeople who has the right of first refusal in a total relationship can conclude a contract with athird party depends on unilateral mean, without the seller promised.The third part described the classification of pre-emptive rights of the co-owners. Itmainly included the pre-emptive rights of parts co-owners, common co-owners andquasi-total co-owners. And it also applied to joint tenancy relationship. The partner enterpriseof pre-emption was not subject to the regulation of pre-emptive rights of the co-owners. Therewas no pre-emptive rights in condominium ownership.The fourth part described the exercise conditions of pre-emptive rights of partsco-owners. First of all, the pre-emptive rights can be exercise when seller sell the totall shareor commons, and the ‘sell’ limited to trading activities. Second, the right of first refusal with athird person in the same condition, the same conditions equibalent relative price conditionsfor the center. Third, the pre-emptive rights was exercised within a certain period. Finally, theseller bears the notice accompanying obligations.The fifth part described the concurrence of pre-emptive rights of the co-owners. Theother co-owners may exercise the right of first refusal when co-owner handling the shares, butshould be selected by the seller when the conflict happen. When co-owner dispose thecommon, all other co-owners may exercise the right of first refusal. And the decision should be discussed by the joint owners when conflict happen. If pre-emptive rights of the co-ownersconflict with pre-emptive rights of the lessee when the co-owner handling total housing, itshould adhere to the co-owners priority.The sixth part described the effectiveness of pre-emptive rights of the co-owners. It hadclaims effectiveness, which can established contract with the seller to unilaterally meaning,and had effect of property rights, which has the rights against the third. The exercising thepre-emptive rights can make the property right alterations between the seller and the thirdperson become invalid, but the contract was effective, unless the malicious collusion case.