On Right of Preemption of the Joint Owner

The right of preemption is a privilege of joint owner to the third party.The legitimacy of the grant of preemption is not total negation of co-ownership,instead,it is a seeking for the harmonious order between the individual ownership and the co-ownership.A perspective from legislation that recognizes the preemption to be a kind of formulation right(Gestaltungsrecht) will be better for the implemetation of the legal policy.The debate between the argument of effect of real right and the argument of effect of obligation is a false proposition.It depends on the legal policy that the right of preemption of the joint owner focuse on personality or assets.