Collision of the statutory pre-emptive right with the complexity of existing legislation and diversity of legal activities
2017
Abstract
The statutory pre-emptive right incorporated in the section 3056 of the Civil Code may collide with a formerly adopted legislation. This article aims to deal with the obstacles in concurrent application of the statutory pre-emptive right and the special provisions regulating privatisation of the State property.
Moreover, in general terms regarding the statutory pre-emptive right, the article tries to derive relevant conclusions for legal actions of natural and legal persons different from State. The author also analyses the problem of a sale of one functional unit composed on the one hand of the realty burden by the pre-emptive right and on the other hand of other property unaffected by such pre-emptive right.