Study On Legals Of Preemptive Right Of Co-owners

The preemptive right system of co-owner by shares is an important system in civil legal relations,which plays an important role in simplifying the co-ownership and maintaining the internal unity of co-owners.On the basis of a general introduction to the preemptive right system of co-owners by shares,this paper puts forward and analyses the current situation and specific problems of the preemptive right system of co-owners by shares in China,and draws lessons from the provisions of the preemptive right system of co-owners by shares in some foreign countries and regions.We can draw lessons from it and put forward further suggestions on the improvement of the preemptive right system of the co-owner by shares in our country.The first part of this paper is mainly about the basic theory of the preemptive right of co-owner by shares.It introduces the basic situation of the preemptive right system of co-owner by shares,including the concept,characteristics and conditions of exercise of the preemptive right of co-owner by shares.On this basis,it also analyses the preemptive right of co-owner by shares and other preemptive rights.The relationship between the right system includes the relationship between the preemptive right system of the co-owner by shares and the preemptive right system of the co-owner,and the question of which preemptive right should be applied when the preemptive right system of the co-owner by shares coincides with the preemptive right system of the lessee.The last section briefly analyses the current situation of the preemptive right system of co-owner by shares in China’s legislation and judicial practice.The second part of this paper is to analyze the existing problems of the preemptive right of the co-owner by shares in China,including the disputes on the nature and effectiveness of the preemptive right of the co-owner by shares,the problems existing in the exercise of the preemptive right of co-owner by shares,and the preservation of the preemptive right of co-owner by shares in relief and safeguard measures.In the deficiency.The third part of this article refers to the relevant legislation and experience of the system of foreign preemption,and carries on the analysis to it.The system of preemptive right is mainly stipulated in civil law countries,the most representative of which are Germany and France.Germany and France have clearly stipulated the seller’s obligation to notify,the nature of the preemptive right,the scope of application of the preemptive right,the time when the oblige begins to exercise the preemptive right,and the effectiveness of the preemptive right,which are very worthy of our study.However,there are differences in these provisions between the two countries.When we analyze and learn from other countries’ legal systems,we should make a comparative analysis of them,and combine their own national conditions to extract the essence and selectively use them for reference.The fourth part of the article is on the basis of the problems existing in the system of preemptive right of co-owner by shares in our country,combined with the relevant experience of foreign legislation,put forward the suggestions and Countermeasures to improve the system of preemptive right of co-owner by shares in our country.Corresponding to the second section of this article,the author divides the legislative improvement opinions into three parts.They are the determination of the nature and validity of the preemptive right of the co-owner by shares,the perfection of the relevant issues in the exercise process,and the perfection of the relief and safeguard measures of the preemptive right of co-owner by shares.