论文部分内容阅读
城市私房买卖中的优先购买权是相对权,不是绝对权;是相对于他人的购买权而言,不是无条件地绝对优先于他人的购买权。分析同等条件的实质要件,是确认有无优先购买权的前提。讲优先购买权,离不开同等条件。讲同等条件,离不开以下四个实质要件。1.民事法律法规及司法解释直接规定的条件有人认为,讲同等条件,就是讲同等的出卖条件,只要满足出卖条件,即取得优先购买权。其实,出卖条件固然重要,但法律、法规及司法解释直接规定的条件亦不可忽视,满足出卖条件,不是
The preemptive right in the sale and purchase of urban private property is the relative right, not the absolute right; it is not the absolute right of purchase of others unconditionally relative to the right of purchase of others. Analysis of the substantive requirements of the same conditions, is to confirm the prerequisite for the right to buy. Say priority call, can not do without the same conditions. To speak the same conditions, can not do without the following four essential elements. 1. Civil Laws and Regulations and Judicial Interpretations directly stipulated that some people think that the same terms, is to say the same conditions of betrayal, as long as the selling conditions to meet the preemption rights. In fact, the selling conditions are of course important. However, the conditions directly stipulated by laws, regulations and judicial interpretations can not be ignored. The selling conditions are met, not