| 篇名 |
論共有人對共有物的優先購買權 |
| 並列篇名 |
Research on the Co-owner’s Preemptive Right to the Commonly Owned Property Itself |
| 作者 |
戴孟勇 |
| 中文摘要 |
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。 |
| 英文摘要 |
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.
|
| 起訖頁 |
32-48 |
| 關鍵詞 |
共有人、共有物、優先購買權、按份共有、共同共有、Co-owner、Commonly Owned Property、Preemptive Right、Several Co-ownership、Joint Co-ownership |
| 刊名 |
月旦民商法雜誌 |
| 出版單位 |
元照出版公司
|
| 期數 |
201512 (50期) |
| DOI |
10.3966/172717622015120050003 複製DOI DOI申請 |
| QRCode |
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