按份共有人对共有物的优先购买权透析

On Preemptive Right to Common Property of Several Co-owners

优先购买权具有形成效力、优先效力和追及效力。在按份共有人作为出卖人对第三人有偿出让其所享有的共有财产份额的情况下,其他按份共有人在遵循了与第三人完全相同的交易条件下享有优先购买权,其有权按照出卖人与第三人约定的相同条款强行缔结买卖合同从而实现其优先购买权。

The preemptive right has form effect,prior validity and retroactivity effect.In case of a co-owner selling his share of common property to a third party,the other several co-owners could enjoy the preemptive right to purchase this share with the same trade terms as the third party,and they are entitled to conclude a contract with the seller according to the same terms the seller making with the third party so as to realize their preemptive right.