拍卖过程中优先购买权问题探讨

The Right of Preemption In The Auction Process

优先购买权是一种期待权 ,始于基础关系成立之时。优先购买权的行使有四项条件 ,即 :标的物出卖时行使、同等条件下行使、在一定期限内行使和须以一定方式行使。另外 ,标的物出卖应当在拍卖前合理期限内通知优先购买权人。优先购买权人应当在合理期限内出价承诺购买 ,并以此作为拍卖底价 。

The right of preemption is a kind of expectant right, which base on and come into being when the primary relation setup. It is feasible to exercise this right in the 4 terms of condition: at the time of selling the subject; at the same condition; must inside the time limit and must by certain pattern. In addition, to sell the subject, must inform the proprietor at reasonable time before the auction, the proprietor should offer a price in time limit, which will be base price, according to the principle that the one who offers the highest price obtains the subject matter.