特殊出卖情形下的先买权问题,应当肯定先买权在拍卖情况下可得行使,必须通过设计合理的程序兼顾好先买权人、拍卖人和竞买人的利益。在招标出卖情况下能否行使先买权,须区分不同情况而定,如果招标出卖之目的仅在于获取高价,则可行使先买权。在强制执行程序和破产程序中的出卖情况下,先买权可得行使。在为实现担保物权的出卖情形下,担保物权人关注的是特定标的物的交换价值即出售所得的价金,先买权完全可得行使。在互易情形下,只要先买权人能提供替代物,则可行使。在向近亲属、好友出卖情形下,先买权可以行使是原则,不可以行使是例外。在混合赠与情形下,要根据特定标的物所有人真实意愿中的买卖因素大小决定能否行使先买权。以物抵债从本质上讲也属于“有偿转让”的买卖范畴,先买权当然可得行使。以物出资之目的在于获取出资人的身份并享有出资人相应的收益权,与出卖的性质大异其趣,应当排除先买权之行使。 The issue of preemption in the case of special betrayal should be affirmed that the preemptive right is exercisable under the circumstance of an auction and that the interests of the preemptive bidder, the auctioneer and the bidder must be balanced by a well-designed process. The possibility of exercising the right of first call under the circumstances of bidding and betraying shall be subject to different circumstances and may be exercised on the first call if the purpose of the bidding and selling is solely for the purpose of obtaining a higher price. In the enforcement and insolvency proceedings, the call is exercisable. In the case of the sale of the security interest, the security owner is concerned about the exchange value of the particular subject matter, that is, the proceeds of the sale, and the call right is fully exercisable. In the case of reciprocity, so long as the first-time buyer can provide a substitute, it is exercisable. In the case of near relatives, friends sell, the first call can exercise is the principle, can not exercise is an exception. In the case of mixed gifts, according to the actual intention of the owner of a particular subject to the size of the transaction factor to decide whether to exercise the first call. To rely on the material to cover the debt also essentially belong to the “paid transfer ” of the trading area, the first call of course can be exercised. The purpose of capital contribution is to obtain the identity of the investor as well as to enjoy the corresponding right of return of the investor, which is different from the nature of the betrayal and should exclude the exercise of the first call.