Zalivin K.Yu. Priority rights in the Russian civil law: history, trends of development, current state

Abstract: The subject of this research is the civil legal regulation of priority rights within the historical-legal and theoretical-legal aspects on the examples of Russian legislation of the corresponding periods on the part of determination of the subject of such rights, their essence, development trends, and continuity of regulation. The author carefully examines the cases where the acting civil legislation can deviate from the principle of equality, granting priority rights to some parties of the civil process, and giving them legal advantage over others. A special attention is given to the priority rights in the context of development of corporate law, as well as to the detected trend of evolution of the legal regulation of priority rights as one that is taken out of the rest of the law – from class privileges, which gave subjects exclusive position (imperial period), to rights of priority purchase and order of its realization (during the Soviet period). The contemporary priority rights are classified by two groups: signing a contract, and purchase (acquisition).

Keywords: