Viewing The Optimization Of China's Preemptive Right From The Rule Of Asking Relatives And Neighbors First

The preemptive right in ancient China presented as the rule of asking relatives and neighbors first.The rule was from civil trading habits to official legislative confirmation,ending in integration into private trading habits.The fact that it had lasted for nearly a thousand years is a reflection of its institutional value.The rule of asking relatives and neighbors first which was born under the background of feudal patriarchal clan,is compatible with the feudal social environment of ancient China,and has the institutional function of maintaining the stability of patriarchal clan,consolidating national political rule,and accompanying certain economic benefits.The realization of these institutional functions is closely related to the institutional system gradually constructed during the evolution of the neighborhood system.The system of the rule of asking relatives and neighbors first mainly includes the determination of the subject and priority of rights,the way and duration of the exercise of rights of neighbors,the legal effects of rights,and the relief of rights,etc.Various types of preemptive right are stipulated in China's current legislation,but because of the simple and decentralized legislation,there have been many questions in the academic and practical circles,such as the establishment of the types of preemptive right in the current legislation,the performance of the obligor's notification obligations and the exercise of the rights of the right holder,the legal effect of the preemptive right,etc.Although the current system of preemptive right in China is different from the rule of asking relatives and neighbors first in ancient China in the background and function,but in terms of the specific construction of the system of preemptive right,the rule of asking relatives and neighbors first in ancient China still can provide ideas for improving China's contemporary preemptive right,such as the scope of right application,the way to exercise the right,the notification rule and the right to exercise the right,the legal effect of the right of first refuge,etc.