Author(s)

Wang Mengmeng, Xie Zhao

Corresponding Author

Wang Mengmeng

ABSTRACT

The preemptive right is an ancient legal system. The preemptive right in Western countries originated from ancient Roman law, and the preemptive right in China originated in the Middle Tang Dynasty. However, compared with other systems, in addition to a large number of detailed regulations in German civil law practice, the regulations in other countries are generally brief. Although China's current laws provide for various types of pre-emptive rights, they are quite simple and difficult to operate in practice. Here we try to systematically sort out and analyze the various pre-dispersed pre-purchase rights based on the nature and existence value of the pre-purchase rights under the background of compiling the civil code, and consider the restrictions on the scope of application of the legal pre-purchase rights. Demonstrate the necessity and legitimacy of adding general rules of preferential purchase rights in the future civil code, and corresponding system design suggestions accordingly.

KEYWORDS

Preemption, sell, equal conditions