The Right Of First Refusal

The right of pre-emption is a special civil priorty right.itsoriginis romote.It is a main part of the Civil Law and it has been newlystudied in the circle of the property right law in China in these recentyears.This article makes a complete research on the relative problemsboth in the theories and the practice.The author suggests some uniquesolutions to the system value of the civil priority right ,the law naturesand the right conflicts.This article is composed of four chapters .The first part is about the historical inspection on right ofpre-emption, through studying historical evolution ,the author conductsthe comparison of right of pre-emption in china and other countriesand obtains its general rule.The right of pre-emption develops along with the social life,and its scope unceasingly expands. Through the research on thedevelopment of right of pre-emption, this article carries on theanalysis to the social value of right of pre-emption .The right of pre-emption has the social value, except thelogically coherent argument thought its existence has the order value, thebenefit value and reduces the transaction cost, and so on, lies in, right ofpre-emption has already melt in the traditional custom. Sometimes ,it alsocarries out legislation goal the certain national policy, the communitypolicy.The Second part is the analysis of the nature of the right ofpre-emption, this is the key point in the article. The author analyzedthe following theories : the expectation right ,the real right and theformation right , and drew a conclusion that right of pre-emption is nota expectation right .it is a formation right but not a conditonal formationright.In the third part, the author conducts the research on thetypes of the right of pre-emption ,.At the same time, the author carrieson the research on the types of right of pre-emption in our country.The fourth part concerns with the studies of the use terms ,the rightcnflict presentation and the methods to solve these conflicts.