论亲邻先买权的社会意义——以土地为例

On the Social Significance of the Preemptive Right of Relatives and Neighbors——A Case Study of Land

亲邻先买权,是指出卖人在出卖土地房屋等不动产时,亲族、邻居享有优先购买的权利。它的存在,以满足某些社会需要和要求为前提,具有一定的社会意义。对于出卖人而言,它方便日后回赎田产及多次找价,也可以保全出卖人的名声,不用背负社会压力;对于买主而言,购买亲族不动产风险较低,较为稳妥可靠,亲邻先买权的存在也使买主拥有了稳定的货源。但这些意义仅限于买卖双方,只是对土地买卖比较有利而已,无关宗族稳定,也无关社会经济发展,不可夸大亲邻先买权的意义。

The preemptive right for relatives and neighbors denotes that relatives and neighbors enjoy the preferential right of purchase when the seller sells his or her real estate such as land and houses. As its existence aims to meet some social needs and demands, the preemptive right has some social significance as it were. For sellers, the preemptive right can facilitate the future redemption of lands and numerous experiences of bargaining, thus preserving the reputation of sellers and freeing them from the pressure of social burden. As for buyers, the purchase of real estate from relatives or neighbors is more secure and reliable rather than risky, while the presence of such a right can somewhat assure the buyers with stable supplies. However, these significances, confined to buyers and sellers, is just favorable to the purchase of land and has nothing to do with the stability of clans or to social and economic development, hence no need to overstate the value of the preemptive right of relatives and neighbors.