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现今多有立法确立共有人的优先购买权,其旨在简化共有关系,以促进物尽其用。共有人的优先购买权性质上属附条件形成权,适用于共有人向共有人之外的主体转让其份额的场合。本文详细地讨论优先购买权的行使要素,包括出卖人之出卖物、出卖人之通知义务、同等条件、行使期限。之后,本文讨论了优先购买权的行使效果。
Legislation is now in place to establish the common owners’ right of first refusal, which is intended to simplify the common relationship and to make the best use of it. The co-owner’s right of preemption is conditional on the formation of the right to apply to the co-owner to the co-owner outside the transfer of its share of the occasion. This article discusses in detail the exercise of the right of preemption, including the sale of the seller, the seller’s notification obligation, the same conditions, and the exercise of the deadline. After that, this article discusses the exercise of the right of first refusal.