On The Legal Force Of The Preemption

Preemption is one of the civil priority rights , which is estsblished for the solutions to the civil right conflicts in the civil system . As a main part of the Civil Law , it has been a focus of attention on the study of the Civil Law in China nowadays . However the stipulations are crude,curt and lack of manipulation , which leads to ambiguity in judicial practice . Preemption , in academia , has been argued heatedly , but all of this is still to be depended .Valuation-analytically and evidence-analytically , this dissertation carries out a study on the legal force of the preemption from the perspective of jurisprudence and social science .Chapter One , Summarization . The author describes the preemption as a privilege by law or contract to purchase the object in advance of the third party in some conditions in the conception of the preemption and its mechanism of coming into existence . Meantime , the author thinks , the preemption comes into existence once the basic legal relation has been achieved and the seller wants to sell his object . And when the coordinative condition is obtained , the obligee can exercise the right .Chapter Two , On The Interior Force Of The Preemption . Being an expective right when the preemption firstly comes into existence , it has a two-phase force state . And as a right in formation , it has the legal force that when the obligee exercises the preemption in its period of validity , a legal purchasing relation will be set up between the obligee and the seller without the seller's acceptance .Chapter Three , On The Exterior Force Of The Preemption . The validity of the contract between the seller and the third party depends on whether and when the obligee exerts the preemption . If the obligee doesn't exert the preemption during its period of validity , that contract can be valid ; or it will be of no effect .Chapter Four , On The Right Conflicts And Its Solution . When there are several co-owner's preemptions on the same object , preemption shall be exercised in accordance to the agreement between the co-owners ; or , when there is no agreement ,...