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优先购买权制度发展历史悠久,我国自唐宋以后就产生了亲族优先购买权等优先购买制度,当然早期优先购买权或着眼于家族观念及伦理观念,或方便交易,促进商业发展。这在很大程度上带有时代与政治制度因素的背景。而今,我国现正处于社会转型时期,社会结构发生了根本性变化,但是优先购买权制度适应了历史发展的潮流被沿用至今,并在我国民法领域发挥着重要作用。本文着眼于我国优先购买权制度的历史考察及当今效用等多方面内容进行研究,以期促进物权法中优先购买权制度的立法完善与发展。
The system of preemptive rights has a long history of development. Since the Tang and Song dynasties, priority purchase systems such as kin priority purchasing rights have taken place in our country. Of course, early preemption rights focus on family concepts and ethics, or facilitate transactions to promote commercial development. To a large extent, this brings the background of the elements of the times and the political system. Nowadays, our country is in a period of social transition and the social structure has undergone fundamental changes. However, the trend of the preemptive right system adapted to the historical development has been used up to now and plays an important role in the field of civil law in our country. This article focuses on the historical investigation of our country’s preemption right system and the current utility and so on many aspects carries on the research, in order to promote the legislation perfect and the development of the preemptive right system in the law of property.