Abstract
Integration of the statutory co-owner pre-emptive right into Czech law brings numerous interpretation problems. This article analyses the problems of the current co-owner pre-emptive right legislation and suggests certain alternative solutions as a remedy during a sale of the real estate (e. g. the waiver of the pre-emptive right).
The new legislation draft related to the pre-emptive right is also taken into account in this article. The current pre-emptive legislation brings numerous negative impacts for all the persons involved in this legal institute.
The transfers are complicated and delayed if the pre-emptive right is applicable. The transactional costs related to the sale of the burdened real estate share are increased due to this.
This article describes the specific problems and finds solutions to them based on existing court decisions and literature. In addition, there are also recommendations for real-life scenarios included.