There are various types of rights of pre-emption in China's civil and commercial law.An imbalance exists in the interests of the transferor and the person entitled to the rights of pre-emption in such systems,which requires a holistic value reflection and a shift from a unilateral perspective to a bilateral perspective.It is necessary to not only focus on the interests of the person entitled to the rights of pre-emption,but also on the interests of the transferor.With regard to the distinction between the rights and obligations of the transferor,the obligations are mainly procedural,while there is no increase or decrease in the substantive rights,embodying the basic position that the transferor's rights are not jeopardized.Based on the legal theories in distinguishing the conclusion and performance of a contract,equal conditions are not sufficient to protect the interests of the transferor.Only by adding equal performance capabilities can the interests of the transferor be protected from detriment.At the same time,based on the legal theory that the change of the debtor shall not harm the interests of the creditors,the transferor has the right to request that the person entitled to the rights of pre-emption to pay off the debt before it is due or provide corresponding security.Where the majority of right holders exercise the rights of pre-emption,the transferor has the right to choose the counterparty to the contract,and the majority of pre-emption right holders shall assume joint and several liabilities to the transferor.The right of pre-emption is to provide a trading opportunity to the right holder prior to a third party.If the transferor fails to fulfill the obligation of notification or interferes with the exercise of the pre-emption right of the right holder,it may lead to the obligation of compulsory contracting or the liability for damages.
NETL
NSTL
万方数据
维普
