共有人优先购买权的发生及制度价值

On the Occurrence and System Value of the Preemption of Co-owners

共有人优先购买权在长期的历史发展中已形成一种交易习惯,作为民事特别优先权制度,它具有着悠久的渊源和历史根基。由于我国法律对共有人优先购买权规定比较模糊笼统,操作性不强,才导致了纠纷的大量出现。共有人优先购买权有利于减少冲突的发生,促进交易秩序的安全稳定,有利于对共有财产的保护。规定具体的共有人优先购买权制度,不但可以降低交易成本,还可以稳定交易秩序。在现阶段,我国有必要保留共有人优先购买权制度,并对该制度进行完善。

The preemption of co-owners is a special civil priority right who has a long history. During the development, it has become a trading habit. The clauses about the preemption right on the co-owners in our country are vague and not practical,which has led to the emergence of a large number of disputes. Preemption of Co-owners is conducive to reduce occurrence of conflicts, promoting safe and stable transaction order,which is conducive to the protection of public property. The specific provisions of the system of the preemption of co-owners, not only can reduce the transaction cost,but also can stabilize the order.In the present stage,it is necessary to retain the preemption of co-owners, and perfect the system.