THE LIMITATION OF EXERCISING THE RIGHT TO PRIVATE PROPERTY THROUGH PREEMPTION IN THE MATTER OF SALE
DOI:
https://doi.org/10.55516/ijlso.v1i1.38Keywords:
subjective right, real right, right of claim, potestative right, limitation, doctrine, lawAbstract
The pre-emptive right, known from antiquity, is subject to new forms of manifestation in present times, forms which emphasize both the interests of the legislator and those of the subjects of law, persons or authorities, in order to provide the possibility for some categories of people to manifest certain preferences, facilities, prerogatives in case an act of translation of property is concluded; the pre-emptive right can be found in case of other types of contracts. The present study aims to show the current status of speciality doctrine in regard to the legal regime which applies, as well as the legal nature of the pre-emptive right.
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