Preferential purchase right，When pointed out that the seller would sell the target to the third person，The right holder has the right to rely on the same conditions as the third person，Priority to buy bid。my country's laws statutory setting the right to buy by the lessee of the house、A total of people are preferred by the shareholding、Shareholders of limited liability companies preferential purchase rights、Partnership partnership shares preferred right to purchase。But the current cognition of priority purchase rights in my country's legal practice，It's relatively narrow，It is worth further expansion。

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The connotation of priority purchase rights that our country generally understands is "the same conditional mode as a third person"，That is, the seller and the third person will form a combination，To inform the relevant contract content of the right to buy the rightist，The right holder has the right to establish and buy and sell relationships with the same conditions as the third party，and give priority to obtaining the target。But，Looking at the legislation of various countries，There are many ways to exercise the right to buy first。

First，"Seller Quotation Mode"。，The seller can take the initiative to propose the target sales condition to the right of the purchaser，If the right holder is willing to buy，Sales and selling relationships are established，If the right holder is unwilling to buy，Then the seller can choose to set up a sales relationship with the third person。But the latter，The buying and selling conditions reached by the seller and the third party must Bet365 lotto review be higher than the sales conditions of the previous notice of the priority purchaser，Otherwise，Need to be notified。2，"Compulsory negotiation mode"。，within the limited period，The seller can only negotiate with the owner of the purchaser first，Only when the deadline expires and the two parties fail to reach an agreement，The seller can only negotiate with the third person、Sign the contract。For transactions with certain time -effective items，This model can effectively promote frank consultation between the two parties，Move each other，Work together，To achieve a consensus。third，"Price determination mode"。，When the seller is willing to sell，​​It must be notified to the right to buy priority，and the right holder can buy priority based on a "confirmed price"。This "OK Price"，It may be a fixed price agreed by the parties in advance; it may be the price determination mechanism agreed by the parties in advance，If you refer to the listing price of the commodity exchange; it may be an evaluation agency、Administrative Organ、Price approved by the court and other institutions。fourth，"Selling Notification Mode"。，When the seller is willing to sell，Only need to notify the rights of rights to participate in the bidding，and the legal person's legal status is no different from the third person，The target will eventually be obtained by those with high bids。

　　New Vision of the Establishment Method of Purchase Right

In our country，Priority to purchase rights is usually forced by law，In addition，Can the parties set up the right to priority purchase in accordance with the agreement，The law is not provided。Although the principle of freedom of contract，The parties agreed to set up themselves，It should also be effective，Bet365 app download but，How to agree、What is the content、How to wait for，Lack of clear guidance of law，The parties are often confused。This is not difficult to understand why there are very few agreed rights to purchase in our practice。Legislation of various countries，Actually, it is more authorized to establish the right to purchase priority in accordance with the rules。Mainland Law Department，such as German Civil Law，In addition to the establishment of a small amount of priority to the right to purchase，"Debt Relations" Single "Buy" small section (11 provisions)，The system specifies the requirements of the agreed priority purchase right、Exercise、Notification、During the period、Valid and other content。and in the British and American Law Department，Usually, the right to purchase priority，and the right to priority purchase agreed by the parties。

In fact，Once the right to buy first，To a large extent, it is necessary to limit the freedom of the seller's choice of the transaction object，It even hinders the realization of the best transaction price of the seller。If there are sufficient legal policies and reasons，Legal to enforce the right of priority purchase，Moderate sacrificing the interests of the seller，Of course it is also possible，But it should be strictly limited。But，It is agreed to set up the right to purchase priority, but there is no obstacle。Whether the seller is willing to bear this burden，The result of its independent choice，and more importantly,，Based on the agreement，The seller may get the corresponding consideration compensation，It is also a balance of interest。That seems to，In terms of the establishment of the right to purchase priority，I am afraid that it is agreed，French African。

　　New vision in the field of priority purchase

Chinese law，Current，Priority purchase right is mainly applicable to，Such as a house、Land use right、A total of share、Equity、Partnership share, etc. buy and sell。Lease，There is also applicable to leased priority，Such as a house、Priority lease of rural land, etc.。Examine the practice of various countries，Priority purchase right has a wider range of applicable areas。such as sports、Performing Star Employment，Based on statutory or agreement，Original employers often enjoy the right to renew the contract。This right often adopts "Mandarin Consultation Mode"，that is within a certain period，Sports、Performing stars can only renew the contract with the original employer，Under the circumstances when the expiry of the deadline，Fang can only negotiate with third parties on hiring matters。Considering the needs of the sports league cycle and the needs of entertainment exposure，Stars often conduct serious consultations on related employment matters and original employers，A moderate reduction of wages，It is expected to reach an agreement，Working as soon as possible。Of course，The original employer because there is no compulsory power for renewal，Therefore, you can't overexpress the salary，and can only be appropriately pressure。

other，Priority purchase right may also be used by certain public power organs。If abroad，To implement urban planning、Construction of public housing、Protect natural ecology, etc.，The state can enjoy the right to purchase priority in the land in a certain area。and according to the "price determination mode"，When the government exercises the right of priority purchase，Transfer price system is determined bet365 Play online games by evaluation price，instead of the wishes of the parties。Another example，To achieve the purpose of the protection of cultural relics，When the private cultural relics are sold，The country can also enjoy the right to purchase priority。

　　my country's priority purchase right system

First，Greed the connotation of priority purchase right，Choose different exercise methods as required。Current，The right to priority purchase in our country's legal concept is mainly limited to "the same conditional mode as the third person"，but actually，The connotation of priority purchase can also have multiple choices。Facing complex social transaction needs and market trading scenarios，We should allow the law or the parties to choose other preferred right to purchase right。If for further protection of the interests of the owner for priority，You can choose "Compulsory negotiation mode"，or even "Price Determination Mode"，Not only ensure that the right holder gives priority to the target，It can also be discounted at the price; opposite，If you do not need to give the right holder too much interest，Select "Seller Quotation Mode"，Even the "Selling Notice Mode" is not tasted，In addition to giving the right holder to participate in the bidding opportunity，There is no substantial damage to the interests of the seller。

Second，Restricted the right to establish priority purchase，and more authorized the parties to agreed to establish the right to purchase priority。Various types of priority purchase rights have more or less damage to the interests of the seller，Therefore, the legal establishment rights are priority purchase rights when there are sufficient legal policies，Fang is a legitimate。The owner of the houses recognized in the current law of our country preferential purchase rights (especially the lessee of operating bet365 best casino games housing preferential purchase rights)、According to the portion, there is a total right to purchase (especially the real estate according to the share of the share)，Even shareholders of limited liability companies prefer to purchase right，Whether there is sufficient legal legitimacy，It is worthy of doubt。While reducing the scope of the right to purchase rights，It should be opened to set up the right to purchase priority，On the one hand, whether to assume the right of priority purchase rights and the seller decide，On the other hand, the way to make up for the property loss suffered by the seller。For this，The law shall generally stipulate that the contents of the priority purchase right system shall be regulated。

third，Applicable areas of the right to priority purchase rights system。Priority purchase rights are not only applicable to the field of people and business，Hire in labor，Even the field of public law，There is also a wide range of use of space。For this point，We haven't fully recognized，No perfect legal construction。If many cities are currently "retreating two -in -three"，The original industrial zone will gradually be upgraded to a commercial area，But in this case, the right to use industrial land construction land，How can the country be recovered in advance? Related operations are actually not very suitable for the conditions of the collection，and there is no time in the urgency。If the government is introduced to the right to priority purchase of the right to use the construction land，You can gradually recover related industrial plots in a longer period，Gradually realized urban planning changes，It is conducive to respect for the interests of land right holders，and maintain social stability。

　　(This article is subject to the System Construction Research of the Priority Purchase System in the Formation of the National Social Science Fund project "(16BFX096) and Jiangsu Provincial Regional Law Development Coordinated Innovation Center)

(Author Unit: Wang Jian Law College of Suzhou University)