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优先权自罗马法确立以来,各国立法界对其态度各异。我国《民法通则》没有明确规定优先权,但是在少数法律中有涉及到优先权的规定,可以这样说:优先权在我国是实际存在的。而且随着商品经济的发展,它的运用也会越来越广泛。本文对优先权的性质表明了自己的观点,之所以要这样做,是因为在实践中需要正确的理论来指导,在法律中规定优先权就必须先了解什么是优先权,它的性质是什么,只有这样做,我们才能制定正确的适合我国的优先权法律制度,从而维护好经济交易的安全。
Priority Since the establishment of the Roman law, the legislative circles in various countries have different attitudes toward them. China’s “General Principles of Civil Law” does not specify the priority, but in a few laws there are provisions that involve priority. It can be said that priority is actually existing in our country. And with the development of commodity economy, its application will also be more and more widely. This article shows my point of view on the nature of priority. The reason for doing this is that in practice, due to the need of proper theory to guide the priority of law, it must first understand what is priority and what is its nature Only in this way can we formulate the correct legal system of priority appropriate to our country so as to safeguard the security of economic transactions.