On The Application Of The Pre-emptive Right Of The Shareholder

The share right is a very important system. Although the share right system has always been recognized by the theory and the judiciary, but the relevant legal provisions are very rough and unreasonable.Before?The Introduction One of Property Law?has been eacted,there are only two articles.Although it was established very early,it was simple and could not solve the important problems, such as the process of exercising the conditions of action and legal relief, which seriously affect the function of the right of preemption right of purchasers.According to the spirit and purpose of?Property Law?,the article 101?The Introduction One of Property Law?says the right of first share is refined, and the scope of application,the same conditions, the exercise of the term, the improper exercise of the rights, the exercise of rights between people and the right of first refusal of competition. The introduction of the six judicial interpretations makes the referee standard in the judicial practice largely unified by the priority right of the total purchase right system, which greatly exerts the effect of the system and further clarifies the ten A legislative purpose.?The Introduction One of Property Law?is not only for the co-owner of the priority purchase right system in the theoretical improvement, more in judicial practice in the referee scale changes.This paper tries to explain the change of the theory before and after the introduction of the judicial interpretation, and then establish the referee in the judicial practice according to the preemptive right of the co-owners' scale and application method.This article mainly discusses from three aspects. In the first aspect, the author gives an overview of the system of prioritized right of purchase, which mainly discusses its definition,characteristics and system value, and discusses the relevant academic disputes before the introduction of?The Introduction One of Property Law?o discuss the following, on the ?The Introduction One of Property Law?the spirit of the relevant legislation to do the bedding.The second aspect discusses the judgment on "equal conditions" in the exercise of the right of first place in the exercise of the right of co-ownership. As the most important substantive condition in the system, the author considers that it is necessary to discuss through a whole chapter.It mainly includes the relevant theoretical changes before and after the introduction of?The Introduction One of Property Law?,and the application of relevant rules in practice.The third aspect is a discussion of the conditions for the exercise of the priority of the share of priority. Mainly including the scope of application of rights, the exercise of the right, the improper exercise of rights, the exercise of rights between the co-owners, the rights of the competing and the relief of the six parts of the comprehensive review of the right to preemption.