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A study on Preemptive rights
-- focus on the transaction of property right of
co-owner,co-owned land,property right of co-owned land,preemptive right,identical condition,
|Publication Year :||2018|
In Taiwan, the status of co-owned land is greatly happened due to inherit or transaction. The most of people has owned its land property, but barely one has the knowledge how the Land Act or Civil Law has regulated, thus he/she could not utilize or manage its land properly. Under this circumstance, this article has been collecting lots of information from the judgments and academic, relating to the utilization of co-owned land, for quickly inquiry.
Due to several co-owners constantly giving different opinions, it is hard to reach consensus on the agreement of co-owned land’s management or disposition, or spend plenty of time and cost before a solution was made. To settle the conditions of low efficiency, the Land Act and relating laws have layout a preemptive right to cover both the interest of co-owner’s property and land utilization. Once part of the co-owned land is planned for sales by one of a co-owner, the others could jump out to get it down, instead of obtained by outside third party, to both simplify the relationship of co-own land and enhance the economic results.
The preemptive right allows a co-owner could argue with the one who is going to transfer his property right of part of co-owned land to non-co-owner, with the identical conditions of transaction. The identical conditions for transaction between co-owners is to protect the seller without damaging his benefit, while in the mean time to keep co-owned land under the control of the existing co-owner. According to the latest judgment and academic’s viewpoints, the identical conditions have been limited to the major conditions, not including all details.
co-owner; co-owned land; property right of co-owned land; preemptive right; identical condition.
|Appears in Collections:||事業經營法務碩士在職學位學程|
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