Preemptive Rights in the System of Legal Advantages: Aspects of the Ratio

Abstract

he article analyses such an ambiguous legislative category as «preemptive right». The author of the article remarks that preemptive right is included in the system of legal advantages because it represents the opportunity to receive benefits that is legally fixed by the state. The author, taking a doctrinal system of legal advantages as an example, compares it with the elements that build this system. The author analyses the comparison of preemptive right with the privilege, the benefit, the immunity and the special legal procedure. The article emphasizes that the first three kinds of legal advantages serve as exemptions to this rule. Preemptive right and the special legal procedure, in their turns, are not exemptions from the rule. Rather they represent special rules that serve as addition to the main ones. Besides, the author expresses disagreement with the point of view that denies the autonomy of preemptive rule. According to this point, preemptive right is viewed as another kind of special legal procedure. The author emphasizes the qualities that are intrinsic to preemptive right and that allow to differentiate it from the special legal procedure and from its subtype – the special order. The article by purpose mentions numerous examples from the existing legislation. They illustrate the position of the author with respect to the place and the role of preemptive right in the system of legal advantages.