On the Preemption of Co-owners
Cui Jianyuan
Abstract
Cui Jianyuan
Abstract
The preemption of co-owners is a right of formation in character.It is suitable for several co-owner transferring his share to others except for the co-owners,but it isn't suitable for common system of distinguishing the building property.The equal conditions include the same purchase price condition,the paying way of purchase price,the credit condition of transferee and whether tendering guarantee or not.The exertion of preemption may produce some results which are as follow,the transfer contract is certainly established between the transferor and the co-owner who exercises the preemption;to analogize the rules of good faith acquisition in real right law,etc.The concurrence of the preemption of co-owner and the preemption of lessee only exists in the two conditions: when dividing the common property for compensation and transferring the ownership to one of the co-owners.
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The preemption of co-owners is a right of formation in character.It is suitable for several co-owner transferring his share to others except for the co-owners,but it isn't suitable for common system of distinguishing the building property.The equal conditions include the same purchase price condition,the paying way of purchase price,the credit condition of transferee and whether tendering guarantee or not.The exertion of preemption may produce some results which are as follow,the transfer contract is certainly established between the transferor and the co-owner who exercises the preemption;to analogize the rules of good faith acquisition in real right law,etc.The concurrence of the preemption of co-owner and the preemption of lessee only exists in the two conditions: when dividing the common property for compensation and transferring the ownership to one of the co-owners.
Key concepts: Preemption, Business, Good faith, Property (philosophy), Law and economics, Law, Economics, Computer science