The Research On Preemptive Right Of Co-owner By Share

The pre-emptive right of the shareholder is one of the pre-emptive rights.China's modern share-based pre-emptive rights system is mainly transplanted to Western civil law countries,but the relevant institutional regulations are too simple,which makes the rights system have some problems in judicial practice,which is not conducive to safeguarding the interests of relevant rights holders.The research shows that the following problems exist in the system of pre-emptive pre-emptive rights in China: First,the legal nature of the right of first-party purchase rights is unclear.There is no uniform application standard in judicial practice,which is likely to cause different cases.The second is that the scope of application and the rules of exercise are unclear,which may lead to the abuse of rights.Third,there are many problems in the judicial remedies for rights protection and the principle that the co-owners have advocated the right of first refusal.This paper studies and analyzes the above problems.For the legal nature of the right of first refusal of the co-owners,based on China's basic national conditions and the status quo of legislation,it should be defined as the right to form;for the application of rights under special circumstances of paid “gift” and transfer between close relatives,the author It is considered that the paid "gift" should be applicable to the shareholder's right of first refusal,but the applicable method must be different from the "gift" amount.When the shareholding property realizes the mortgage to pay off the debt,it is considered that it can be applied.It is more reasonable for the co-owner to have the right of first refusal.When transferring a common share of property between close relatives,it is not appropriate to directly apply the right;the rules for the exercise of the assignor ' s notification obligation shall be discussed separately by the transferor's direct notice and the auction court on behalf of the two points.When the assignor notifies that the transferor's contract with the third party is formally established,the assignor ' s notification obligation begins.The court's notification obligation shall correspond to the relevant provisions of the auction law and the judicial interpretation of the property law.The proposal requires the court to notify the priority purchaser in writing or other reasonable ways to confirm the receipt within 15 days before the auction;Insufficient judicial relief,the author suggests to use the judicial interpretation to determine the detailed rules and the use of guidingcases to make up for it.