Study Of The Civil Right Of First Refusal

Civil priority purchasing right is a special civil priority right, which is established for the solutions to the civil right conflicts in the civil system. It is a main part of the Civil Law and it has been newly studied in the circle of the property right law in China in these recent years. This thesis adopts the economic analysis and the economic comparison study to make a complete research on the relative problems both in the theories and the practice. The author suggests some unique solutions to the system value of the civil priority right, the law natures and the conflicts. In order to make a perfect and complete system of the civil priority right and develop it, the writer also advises an establishment of such a right.This thesis is composed of four chapters with about fifty thousand Chinese characters except for the preface and the conclusion.The first chapter is about the basis theories of the civil priority purchasing right. The law relations of the civil priority purchasing right are defined and the law nature and the law value are analyzed.The so-called civil priority purchasing right is defined that the special civil subject can share a priority purchasing right under the same right according to some civil priority purchasing right laws when a seller sells his bid to the third person. It consists of three distinguishing characteristics that are, legalism, specialization and limitisation. The law relations of the civil priority purchasing right refer to not only the social relations but also the property relations between the equal subjects. Any natural person, legal person, or government has the right to become the subject of the law relations of the civil priority purchasing right and all the materials, actions and talents can become the objects of the law relations of the civil priority purchasing right.On the one hand, from the analysis of the legal angle, the civil priority purchasing right refers to an expecting right, which is expressed the profit of the person owning the priority purchasing right under the same preliminary terms of selling some property. The priority purchasing right is an agreement right that must be agreed in a contractbetween the person owning the priority purchasing right and the obligator (seller) but without the seller's promise. However, this right is attached with a pausing right which only when the obligator sells his bid, this right can be shared. On the other hand, from the nature of the priority purchasing right, it is also an attachment right following the possessing right. Priority purchasing right is a property right and occupies the effectiveness of the property right because it cannot be separated from the basis relation, which is attached with the possessing right.This thesis, also adopting Kerss's Laws, makes a detailed analysis in the system value of the priority purchasing right which can benefit the decrease of the transaction cost and promote the efficient use of the resources. It plays an important role in the economic and the social stabilizations. And this system presents a conversion from the ideas of the modern material procession to an efficient use, exhibiting an effectiveness of the property priority with a great economic, social and legal value and owning a powerful life.The second part concerns with the studies of the types of the priority purchasing right, the used terms, the right conflict presentation and the methods to solve these conflicts.In this part, this thesis first lists some special cases and then makes a description and analysis on the types of the priority purchasing rights. The types are composed of eight respects. They are the general priority purchasing right, the tenant priority purchasing right, the partner priority purchasing right, the stockholder's priority purchasing right in a limited company, the priority purchasing right in the housing system reform, the priority purchasing right of the municipal or the county government while using the state-owned land, the priority purchasing right that the state purchas...