A Study On The Right Of Preemption Of Co-owner By Fractional Shares

Article 78 of the General Principles of the Civil Law of the People's Republic of China and Article 101 of the Property Law of the People's Republic of China have established the right of preemption that co-owners by Fractional Shares have.However,these laws do not provide a directive on the specific exercise of the right of preemption by the co-owner and the legal effect it produces.Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Property Law of the People's Republic of China came into being,for judicial practice involved in the co-owner preemption issue has a very good guiding significance,It not only further clarifies the scope of application and the conditions of exercise of the right of preemption,but also reflects the value that is pursued by the legislator through the establishment of the right of preemption.A Study on the Right of Preemption of Co-owner by Fractional Shares----From the Perspective of Article 9-14 of Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Property Law of the People's Republic of China is the title in this paper,in addition to preface and conclusion,the text has more than thirty thousand words.The full text of a total of four parts,respectively,as follows:The first part,the over view of the right of preemption of co-owner by Fractional Shares.In view of the existence of a variety of pre-emptive rights in our civil law,the main rights of preemption are right of preemption of co-owner by fractional shares,the right of preemption of the lessee,the right of preemption of shareholder,etc.In this section,the author clarifies that this article will study the specific object----the right of preemption of co-owner by Fractional Shares,and the author will also discuss the value of the right.In order to further clarify the definition of the right of preemption of co-owner by Fractional Shares,the author in this chapter compared this right with other preemption.Finally,the author claims that the right of preemption of co-owner by fractional shares is right of formation with conditions.The second part,the formation and exercise of the right of preemption of co-owner by Fractional Shares.This part clarifies the formation and exercise conditions of the right of preemption of co-owner by Fractional Shares.Through the analysis of the three main theories,combining with Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Property Law of the People's Republic of China,we can conclude that it is necessary to have co-ownership.In addition,the author did deeply analyze the questions involving the right subject,the right object etc.The third part,the behavior patterns of the right of preemption of co-owner by Fractional Shares.In this part,the author mainly used the semantic interpretation and interpretation of system to get the idea that is the behavior patterns of the right of preemption of the co owner should be paid transfer.At the same time,the author also pay attention to the right excised the special circumstances,such as reciprocity,Auction,to close relatives,friends or other circumstances,whether the right to preemption exists,if there is,how to exercise.At last,the author expounded the hypocrisy concerning the coincidence between the right of preemption of co-owner by Fractional Shares and the right of preemption of lessee.The fourth part is about the legal effect of the right of preemption of co-owner by Fractional Shares.The effect of the preemptive right of the co owner can be divided into the validity of the creditor's right and the right of the real right.Based on the different effect of the preemptive right,it has different influence on the transfer of the fractional share and the third party.At the same time,people have different cognitive effectiveness to exercise the preemptive right to produce is based on the way of relief is also different.