The Research On Preemptive Right Of Co-owner By Share

The preemptive right originates from ancient Greek and Roman, which aimed at preventing other people from joining the ownership, so the co-owners can keep the stability of their ownership and closure of their family property. However, as the society developing rapidly and the market economy getting more mature, the preemption system has began to undertake the price competition function, which has not been unclosed by the law. The function can contribute to the balance of each single person’s benefit and then conduce to optimize the allocation of resources. So the attribute of the preemptive right of co-owner by share is right of claim, and there’s a price competition between the joint owner and the people who is not in the ownership, which contributes to optimize the ownership and conduces the optimization of the allocation of resources.The essay makes the research based on comparative analysis and case analysis, which has four parts. The first part introduces the theory of the system, which mainly discusses its history resource, basic conception and its ancient aim, and uncloses its attribute and price competing function. The second part expounds the foreign legislation and judicial practice, which mainly discourses the rule and practice of Germany and France and tries to detect its merit and shortage, and aims at solving the problem in our rule and practice. The third part probes into the current condition of the legislation and judicial practice in our country, and analyzes the shortage. The fourth part is the key part, which proposes suggestions for solving the problems and improving our system of the preemptive right of co-owners by share basing on the balance structure of benefit and price competing function.