Dreptul legal de preempţiune prevăzut de art. 17 al Legii nr. 10/2001. Interesul preemptorului în acţiunea în nulitatea contractului încheiat fără respectarea prevederilor legale în materie de preempţiune

The legal right of pre-emption provided by Article 17 of Law no. 10/2001. Pre-emptor's interest in an action for a declaration of nullity of a contract concluded without complying with the legal provisions on pre-emption

Abstract

The Right of First Refusal represents a limitation on the exercise of the right of ownership, even if it manifests differently from other legally or conventionally instituted limitations. From this perspective, we observe that by establishing a right of first refusal, whether legal or conventional, the right of disposition, an attribute of the right of ownership, is partially limited, as the owner does not have full freedom to choose the contracting party when the nature of the concluded agreement is a sale. Of course, this consequence is significantly...