Cadrul juridic general al dreptului de preemţiune la vânzare, reglementat de Codul civil

Lect. univ. dr. Camelia SPASICI

Universitatea din Bucureşti

Facultatea de Administraţie şi Afaceri

ABSTRACT

In general, the institution of the "right of preemption" is understood as a faculty enjoyed by a person, to be preferred to any other person, when buying a certain good. Strictly legal, the right of preemption is a subjective civil, legal or conventional right, which gives preference to some persons, holders of the right, to buy a good, at an equal price, when its owner sells it. In short, the right of preemption manifests itself as a legal mechanism established by law or convention in order to protect public or private interests. The Civil Code regulates the right of preemption in the provisions of art. 1730-1740. The provisions of the Civil Code constitute a common law applicable to all legal or conventional preemption rights.

Keywords: right of preemption, sale, public or private interest,...