论文部分内容阅读
我国《物权法》第101条与《民法通则》第73条的规定共同确立了按份共有人的优先购买权制度,但该项制度在司法实践中的一些具体问题的适用中尚存疑问,本文在现行法律规定之下通过学理分析和实践讨论对此制度做出更具体的解释,使其在司法适用中更加明确和合理。
Article 101 of the “Property Law” of our country and Article 73 of the “General Principles of Civil Law” jointly establish the system of preemptive rights of the co-owners. However, this system is questionable in the application of some specific issues in judicial practice. This article Under the current laws and regulations, this system should be explained more concretely through theoretical analysis and practical discussion so as to make it more explicit and reasonable in judicial application.