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universul juridic magazin

The preemption right in the new Civil Code

As compared to the previous Civil Code, the new Civil Code includes express rules regulating the common preemptive right in the Romanian civil law, and its legal regime was unitary, whether its source is legal or conventional (preference pact). The new regulation raises issues needed to be emphasized and examined. Thus, first of all, the issue of its legal nature is raised, some considering it as a right in rem, some as a right of claim, and others as being a potestative right. Dreptul de preempţiune în noul Cod civil 33 Second, the issue of the determination of its scope is raised, of the agreements to which it applies and of those to which it does not apply. Third, the regulation in itself of the manner in which the preemptive right operates, has given rise as well, to a series of controversial questions waiting for their resolution.As regards the conventional preemption (the preference pact), it includes certain specific rules arising from its contractual nature, such as those in relation to the conditions of validity, enforceability in respect of third parties, duration, the proper exercise of right and its effects.