論共有人對共有物的優先購買權

Research on the Co-owner’s Preemptive Right to the Commonly Owned Property Itself

共有人對共有物的優先購買權，既不同於按份共有人對共有份額的優先購買權，也不同於原共同共有人對分得財產的優先購買權。有些大陸法系國家和地區的民事立法已承認這種類型的優先購買權。中國大陸改革開放以來的一些行政法規、部門規章和司法解釋亦承認房屋共有人對共有房屋的優先購買權。未來的立法可考慮以此為基礎，承認並完善共有人對共有物的優先購買權制度。

The co-owner’s preemptive right to the commonly owned property itself is not only different from the preemptive right of the co-owner to the shares of the commonly owned property, but also different from the preemptive right of the former joint owner to the distributed shares of the other former joint owners. The legislations of some countries and regions of the civil law system have accepted this type of preemptive right. In China, according to some administrative regulations, administrative rules and judicial interpretations, the co-owner of the commonly owned house also has the preemptive right to the commonly owned house itself. Chinese future legislation can accept and perfect the system of the co-owners’ preemptive right to the commonly owned property itself.