论先买权若干问题

Some Problems on Preemption

我国现行法缺少先买权普遍适用的一般性规定,与先买权有关的许多问题尚不明确。先买权应为物权取得权,依是否有对抗第三人的效力,可以分为物权先买权和债权先买权。我国制定物权法时,应把物权先买权作为特殊物权加以规定。

Current law in our state is in want of a general provision that universally suitable for preemption, and many issues related without any definite explanation. In this article, the author argues that preemption should be the rights to obtain the rights of property. According to the effects to the third person, preemption could be classified as preemption of rights of property and preemption of rights for creditor's rights. The author suggest that when draw up law of rights of property in our country, preemption of rights of property should be provided as a kind of special rights of property. In addition, the author also discusses the exercise of preemption and the arrangement of preemption.