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【裁判要旨】优先购买权的行使期限在性质上应为除斥期间,超过该期间.优先购买权消灭.优先购买权人不得再以行使优先购买权为由来否定出卖人和第三人之间已经成立的买卖合同。但在该期间内,出卖人负有止卖义务。如果第三人在侵害优先购买权人的优先权的情况下购买标的物.优先购买权人有权主张该买卖关系无效。同时,优先购买权之诉是一种确认之诉,在法律没有作出规定前,其应适用诉讼时效的规定。
The purpose of the referee The exercise of the right of preemption should, in essence, be the period during which the preemptive right is extinguished, and the preemptive right shall not be extinguished by any preemptive exercise of the right of preemption The sale and purchase contract that has already been established. However, during this period, the seller has the obligation to stop selling. If the third party buys the subject matter against the priority of the priority purchaser, the preemptive right holder has the right to claim that the trading relationship is invalid. At the same time, the right to preempt claims is a confirmation of the law, the law does not make provisions, it should apply the statute of limitations.