英文摘要 |
The system of a right of first refusal of real estate is an important issue in theory and practice. However, the existing studies are insufficient. For example, people may have the rights of first refusal according to Article 104 of the Land Act and Article 426-2 of the Civil Code. They are in rem rights of first refusal and have great impact on relative parties. There are controversies regarding the requisites of the rights of first refusal. This study explores the issues from the perspective of consideration of the interests of the concerned parties and effective utilization of the real estate. This study discusses “the situation of relationship of lease presumed to be constituted & lease which continues to exist& statutory superficies and the right of first refusal”, “the sale of the lessee’s house to be constructed and the right of first refusal of the owner of the building site”, “lease of the building site by superficiary and the right of first refusal” and “the claim of KaufbrichtnichtMiete and the waiver of the right of first refusal impliedly” inturn. This study discusses the existing doctrine and practice and makes some propositions in explanation in order to achieve the purposes of the rights of first refusal properly and to consider the interests of the right holder, the vendor and the third party. |