Study On The External Transfer Rules Of Total Of Share In The Property Law In China

Along with the property law to explain the further regulation of preemption rights related issues,rules of external transfer of share of property law in China to be more perfect and clear.But,on the right of first refusal nature and scope of protection,exercise and deadline,equal terms and the meaning of the material change,and how in the lawsuit relief problems such as fuzzy still remain.Through the comparison of Chinese and foreign law,from according to copies of legitimacy of preemption of the transferor,based on the other according to copies of the balance of interests between people and third people,That the share transfer of foreign transfer can only do not exercise the priority purchase requirements of the transferor and the third person has a contract of sale,the seller only formed and reached a preliminary intention to transfer conditions can be contracted with third people,according to copies of the preemptive right is a right of formation,the price for the scheduled period;is the core factor to determine the same conditions,the way of performance,if the transferor and the third person contract allows installment requirements based on the form of the same conditions,should also be allowed to hire,but should provide guarantee;the transferor behavior belongs to the share transfer has the right to dispose of,not applicable to bona fide acquisition;human rights can by declaring the contract invalid,cancel the contract,request to perform the contract or compensation for damages of their rights.