Study On The Priority Purchase Right System In Traditional Society

Contract system is one of the important fields of legal research,which has important guiding significance for reality.In the contract system,the preemptive right system,as an important branch of the contract system,has naturally become the focus of research by Chinese and foreign law scholars.This article starts with the laws,contract texts and judgments of traditional society,sorts out the legal phenomena of various documents,summarizes different types of preferential purchase rights in different dynasties,and then uses modern civil law theory to try to build a traditional social preferential purchase right system.See the whole picture.Based on the construction of the traditional society's priority purchase right system and the background of the times,the reasons for its formation are analyzed.Finally,based on the present,focusing on the commonalities of different times,with a view to providing reference value for the establishment and improvement of the modern preferential purchase right system.This article is divided into four parts to study the right of prior purchase in traditional society.The first part establishes the research scope.Summarize the concept and basic characteristics of the right of first purchase in modern society.Based on the concepts and basic characteristics,study the legal phenomena in traditional social laws,contracts,and judgments,identify and classify different legal phenomena,and conclude the different types of priorities in traditional society.The right of purchase,thereby establishing the research object of the priority purchase right in traditional society.The second part is to construct the right of prior purchase in traditional society.On the basis of establishing the scope of the traditional society's priority purchase right,the constitution of the traditional society's priority purchase right(subject,object,subject matter,content),the exercise of the traditional society's priority purchase right,the relief of the traditional society's priority purchase right,etc.Aspects.The third part analyzes the reasons for the formation and change of the prior purchase right in traditional society.From the perspectives of the traditional society's first right of purchase as a whole and different forms of right of first purchase,the reasons for the formation and change of the traditional society's right of first purchase are abstracted.The fourth part explores the modern value of prior purchase rights in traditional society.Based on the first,second,and third parts of this article,clarify the gains and losses of the traditional society's priority purchase rights system,and then analyze the traditional society's priority purchase rights over modern overall purchase rights,near relatives' priority purchase rights,and military establishment priority.Reference meaning of call rights.