A Study on Practical Issues of Preemptive Right in Civil Law

• Main Authors: LI, YA-HSUAN, 李亞璇
• Other Authors: WU,TSUNG-CHOU
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/24g7h5

碩士 === 國立臺北大學 === 法律學系一般生組 === 107 === Preemptive right has been used for many years.The system of preemptive right of real estate is an important issue in practice.However, some issues have absence of complete discussion in law. There have different public interest in different type of statutory preemptive rights, which restrict freedom of contract, reflect secure transaction standard. It leads to conflict between public interest and autonomy of private law. Furthermore, Preemptive rightswere disbursed over civil law (include special civil law),and less explicit definition and general element. For this reason, this article is based on all types of statutory preemptive rights.Land is dominant subject matter. This article would study on preemptive right in Civil Code, Land Act, The 37.5% Arable Rent Reduction Act, Farmland Readjustment Act, and compare forward provisions. In addition, this article would discuss the detail of the general element in preemptive right, such as seller obligation of notice, the way of notice, the content of notice, the legislative purpose of the provisions about notice in writing, the validity is if buyer violates the obligation of notice,statutory period,the principle of good faith. Furthermore, there is an issue about the scope of Preemptive right. If seller sold plural subject matter, could the person who has preemptive right purchase one of subjects, or purchase all subjects according to the same condition only?If the person had preemptive right to purchase the land for building a house, could he purchase specific areaof the land under using or leasing, or purchase all subjects according to the same condition only?Finally, the article would analyze special condition and issues in four types：tenants of a building site regarding the preemptive right(Article 426-2 of Civil Code, Article 104 of Land Act), the co-owners regarding the preemptive right(Article 34-1 of Land Act), tenants of farm land regarding the preemptive right(Article 15 of The 37.5% Arable Rent Reduction Act), the landowner whose land is adjacent to the arable land regarding the preemptive right (Article 5 of Farmland Readjustment Act, Article 23 of Farmland Readjustment Act).