Abstract: The subject of this research is the history of establishment and current state of the institution of preemptive rights in the Russian civil law. Attention is focused the trends of formation of the institution of preemptive rights from the first sources of the Russian law until the present time. Based on the conducted analysis, the author concludes that in the Russian civil law the institution of preemptive rights was evolving within the trends of European development. The institution of preemptive rights has emerged primarily in relations associated with common property and family relations. Subsequently, the preemptive rights became available in the stream of commerce to the participants supported by the government. Currently, due to the advancement of corporate legal relations, the institutions of preemptive rights is applied for regulating relations in the corporate structure. The scientific novelty consists in the systemic historical-legal analysis of establishment of the institution of preemptive rights in the Russian civil law, as well as determination of its development trends. The author makes a conclusion on the commonness between the Russian and European paths of development of the institution of preemptive rights in various branches of the civil legal relations; it allows using the approaches of the foreign legislation for improving the Russian institution of preemptive rights with consideration of peculiarities of the Russian legal system.

Abstract: The subject of this research is the history of establishment and current state of the institution of preemptive rights in the Russian civil law. Attention is focused the trends of formation of the institution of preemptive rights from the first sources of the Russian law until the present time. Based on the conducted analysis, the author concludes that in the Russian civil law the institution of preemptive rights was evolving within the trends of European development. The institution of preemptive rights has emerged primarily in relations associated with common property and family relations. Subsequently, the preemptive rights became available in the stream of commerce to the participants supported by the government. Currently, due to the advancement of corporate legal relations, the institutions of preemptive rights is applied for regulating relations in the corporate structure. The scientific novelty consists in the systemic historical-legal analysis of establishment of the institution of preemptive rights in the Russian civil law, as well as determination of its development trends. The author makes a conclusion on the commonness between the Russian and European paths of development of the institution of preemptive rights in various branches of the civil legal relations; it allows using the approaches of the foreign legislation for improving the Russian institution of preemptive rights with consideration of peculiarities of the Russian legal system.

Abstract:  
 
The subject of this research is the peculiarities of exercising of preemptive rights in hereditary legal relations. Based on the conducted analysis, the author comes to a conclusion that one of the key aspects of exercising of preemptive rights in hereditary legal relations is the emerging due to the claiming of preemptive rights obligation to pay the indemnity to other parties of inheritance relations. The author criticizes the positions of the Article 1178 of the Civil Code of the Russian Federation that the holder of priority right to inherence the company must stand as a private entrepreneur. The scientific novelty consists in the systemic legal analysis of peculiarities in exercising preemptive rights in hereditary legal relations at present stage, the major of which is the reparation character of exercising of preemptive rights. A conclusion is made on the need for amending the existing legislation. The author believes that for holding the priority right in inheriting the company, a primary criterion lies in the close tie of a heir with the company, as well as his participation in company’s affairs until the death of a testator or other substantial interest in continuation of this company. The author suggests using such criterion and make corresponding changes to the Article 1178 of the Civil Code of the Russian Federation.
 
 

Abstract: The Subject of the study pre-emptive rights in contractual relations, as a pre-emptive right to purchase the share in the common property and first dibs. The focus is on issues of integrity of participants of civil relations subject to pre-emptive right to enter into contractual relations, as well as the analysis of scientific works devoted to the principle of good faith in civil law. On the basis of the conducted analysis the author comes to the conclusion that the implementation of the pre-emptive right of purchase should also be conditional on the criterion of integrity of the holder of the preferential right.Research methods: the method of system analysis, historical-legal, comparative-legal, systemic, structural functional, formal logical, specially-legal, methods of analysis, synthesis, analogy and other methods of scientific cognition.Novelty of research consists in the system analysis of the pre-emptive rights in contractual relations, revealing the difference of approaches of the legislator to definition of conditions for the exercise of preferential rights of purchase and lease in the civil law. The author comes to the conclusion about the necessity to establish the principle of good faith of the right of pre-emption in the common property as a necessary condition for the implementation of this pre-emptive right. In this regard, the author proposes a new wording of paragraph 1 of article 250 of the Civil Code of the Russian Federation.

Abstract: The Subject of the study pre-emptive rights in contractual relations, as a pre-emptive right to purchase the share in the common property and first dibs. The focus is on issues of integrity of participants of civil relations subject to pre-emptive right to enter into contractual relations, as well as the analysis of scientific works devoted to the principle of good faith in civil law. On the basis of the conducted analysis the author comes to the conclusion that the implementation of the pre-emptive right of purchase should also be conditional on the criterion of integrity of the holder of the preferential right.Research methods: the method of system analysis, historical-legal, comparative-legal, systemic, structural functional, formal logical, specially-legal, methods of analysis, synthesis, analogy and other methods of scientific cognition.Novelty of research consists in the system analysis of the pre-emptive rights in contractual relations, revealing the difference of approaches of the legislator to definition of conditions for the exercise of preferential rights of purchase and lease in the civil law. The author comes to the conclusion about the necessity to establish the principle of good faith of the right of pre-emption in the common property as a necessary condition for the implementation of this pre-emptive right. In this regard, the author proposes a new wording of paragraph 1 of article 250 of the Civil Code of the Russian Federation.