On the question of legal nature of pre-emptive right
https://doi.org/10.30729/2541-8823-2020-5-4-324-330
Abstract
The subject of this report is the legal nature of the pre-emptive right, which, in the author’s opinion, should be seen as an independent subjective right that is, in some cases, an element of a civil legal relationship.
One of the theses is the idea that the pre-emptive right does not have a binding legal nature, since there is no counter obligation that corresponds to this right. There are no signs of obligation, including obligation arising on the basis of the law, since there is no active and passive subject. At the end of the study, the author concludes that the pre-emptive right is a set of legal norms regulating the regime of its exercise. In this regard, we can speak of a legal institution of pre-emptive rights. In a subjective sense, the pre-emptive right is an independent subjective right, established by law, of a participant in a certain legal relation (right in rem, right in personam, corporate law, etc.), which is an element of it, aimed at protecting other subjective rights of participants in such legal relations.
Keywords
About the Author
A. V. Kachalova
Kutafin Moscow State Law University (MSAL)
Russian Federation
Russian Federation
Anna Kachalova (Moscow, Russia) – Candidate of Legal Sciences, Assistant Professor
9 Sadovaya-Kudrunskaya St., 125993, Moscow
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Review
For citations:
Kachalova A.V. On the question of legal nature of pre-emptive right. Kazan University Law Review. 2020;5(4):324-330. https://doi.org/10.30729/2541-8823-2020-5-4-324-330
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