THE ASPECTS OF PREEMPTION RIGHT IN THE ROMANIAN AND HUNGARIAN LEGAL SYSTEM

Izabella Szőcs and Mihai-Constantin Avornicului
Additional contact information
Izabella Szőcs: Faculty of Economics and Business Administration, „Babeş–Bolyai” University of Cluj-Napoca
Mihai-Constantin Avornicului: Faculty of Economics and Business Administration, „Babeş–Bolyai” University of Cluj-Napoca

Law, Society & Organisations, 2018, issue 4 (1/2018), 33-38

Abstract: The preemption right, according to its definition, could be described as a right under which a party has the first opportunity to buy an asset before it is offered to a third party. The preemption right is also called, mainly in the business field, the first refusal right. The preemption right or the right of preemption first appeared in the post-communist states after 1989, due to the liberalization of the commerce. In the Romanian legal system it was firstly mentioned in the Act 18/1991 and it was associated with the transfer of agricultural lands, where the neighboring landowners had preemption right in order to purchase each other's agricultural terrains. Later, the Civil Code of both states regulated several types of the preemption right. The scope of our article would be to analyze the doctrine referring to the nature of this right, whether it represents a right in rem, in personam or a potestative right. Different authors have distinct opinions about the problem and we would like to present the reasoning behind the various views.

Keywords: reemption right; Legal system; New Civil Code (search for similar items in EconPapers)
Date: 2018
References: Add references at CitEc
Citations:

Downloads: (external link)
http://seaopenresearch.eu/Journals/articles/LSO_4_4.pdf (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:cmj:lawsor:y:2018:i:4:p:33-38

Access Statistics for this article

Law, Society & Organisations is currently edited by Romanian Foundation for Business Intelligence

More articles in Law, Society & Organisations from Romanian Foundation for Business Intelligence, Editorial Department
Bibliographic data for series maintained by Serghie Dan ().