Study On The Contractual Preemptive Rights

Our existing legislative system of the preemptive rights is centered on the statutory preemptive rights and fails to make a systematic provision of the contractual preemptive rights,which deprives the public of the self-chosen space and willingness and makes the public can't agree or don't know if the preemptive rights can be agreed.Taking the evaluation of our existing preemptive rights as a point of penetration,this paper reflects the legislative situation,the rights framework and the ways of right setting,and on this basis,the paper discusses the rationality of the contractual preemptive rights in depth.Simultaneously,after fully learning from the legislation of civil law system and the judicial precedents of Anglo-American law system,this paper puts forward six main modes of the contractual preemptive rights and analyzes the commonness and individuality of them in the aspects of the basis of rights,the requirement of validity,the obligation of notification and so on.Finally,based on the legislative and judicial status quo of our country,this paper makes some suggestions for accelerating the construction of the contractual preemptive rights system from the aspects of the guiding ideology,the type selection and the validity definition.