IDEAS home Printed from https://ideas.repec.org/a/cmj/lawsor/y2018i4p33-38.html
   My bibliography  Save this article

The Aspects Of Preemption Right In The Romanian And Hungarian Legal System

Author

Listed:
  • Izabella SZŐCS

    (Faculty of Economics and Business Administration, „Babeş–Bolyai” University of Cluj-Napoca)

  • Mihai-Constantin AVORNICULUI

    (Faculty of Economics and Business Administration, „Babeş–Bolyai” University of Cluj-Napoca)

Abstract

The preemption right, according to its definition, could be described as a right under which a party has the first opportunity to buy an asset before it is offered to a third party. The preemption right is also called, mainly in the business field, the first refusal right. The preemption right or the right of preemption first appeared in the post-communist states after 1989, due to the liberalization of the commerce. In the Romanian legal system it was firstly mentioned in the Act 18/1991 and it was associated with the transfer of agricultural lands, where the neighboring landowners had preemption right in order to purchase each other's agricultural terrains. Later, the Civil Code of both states regulated several types of the preemption right. The scope of our article would be to analyze the doctrine referring to the nature of this right, whether it represents a right in rem, in personam or a potestative right. Different authors have distinct opinions about the problem and we would like to present the reasoning behind the various views.

Suggested Citation

  • Izabella SZŐCS & Mihai-Constantin AVORNICULUI, 2018. "The Aspects Of Preemption Right In The Romanian And Hungarian Legal System," Law, Society & Organisations, Romanian Foundation for Business Intelligence, Editorial Department, issue 4 (1/2018, pages 33-38, June.
    • Handle: RePEc:cmj:lawsor:y:2018:i:4:p:33-38
    as

    Download full text from publisher

    File URL: http://seaopenresearch.eu/Journals/articles/LSO_4_4.pdf
    Download Restriction: no
    ---><---

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:cmj:lawsor:y:2018:i:4:p:33-38. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Serghie Dan (email available below). General contact details of provider: https://seaopenresearch.eu/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.