Font Size: a A A

Study Of Pre-emptive Conflict

Posted on:2008-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:R R ChengFull Text:PDF
GTID:2206360215996741Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The priority right of purchasing is the right that citizen juridical person and otherorganization can use it to buy the property of seller which is prior to others in thesame condition with the regulation of law. The priority right of purchasing is one ofthe priority rights, but it also has some difference with the traditional priority right.The traditional priority right of purchasing includes the right of part owner and tenant, but the existence of the priority right of purchasing in auction and the priority right ofnext tenant in purchasing is still a disputation. The priority right of purchasing and itsconflict is very common in practice. To dealing with the problem, our country lacksnecessary attention in theory and practice. The conflict of the priority right ofpurchasing is a conflict of right in the end. The research to the priority right ofpurchasing can not obviate the premise of right conflict. The research of right conflictdirectly decides the resolution of the priority right of purchasing.This text sets out study from the conflict of right to discuss the true or false ofthe proposition of right conflict. After analyze the affirmation of conflict and thenegativism of conflict, we get the conclusion that the conflict of right is real existenceand next we analyze the essence and reason of right conflict. Right conflict is becausethe faintness of the right boundary and cross. The right antinomy in two or morepeople is violated because of the behavior of exercising right, which need a juridicalsolution. The essence of right conflict also comes to a decision that right conflict isbecause of the blur and cross of right boundary. The analysis of essence and reasonprovide the starting of the research of resolution in the priority right of purchasing.Constructing the resolution of the priority right of purchasing need to ensure thathow many priority right of purchasing in practice and which may lead conflict. In thesecond part this text focuses on the common priority right of purchasing and itsconflict in practice like the conflict between part owner and tenant. To such priorityright of purchasing which existence still have disputation like the priority right ofpurchasing in auction. Writer takes the discussion of its existence which provides a foundation for the researching at the resolution of priority right of purchasing.With the analysis of essence and reason in the conflict of right and the priorityright of purchasing which is common in practice. We pave the way to construct theresolution of priority right of purchasing in the end. The discussion in right conflictgives us a foundation for the deep analysis. The blur and uncertainty of the boundaryin right conflict can be solved by the definite boundary of right and the rank of right.The different conflicts in the priority right of purchasing not only have its common, but also have its particular personality. At last this text follows the way of analyzingthe personality and the combination of commonness and personality in right conflictwhich bring forward the construction in resolution of the conflict of priority right ofpurchasing.
Keywords/Search Tags:The conflict of right, The priority right of purchasing, The manifestation of conflict, Resolution
PDF Full Text Request
Related items