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Development of the institution of preemptive rights in Russian civil law
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.
Keywords: Corporate legal relations, corporate relations, Hereditary relations, civil law, distinctive features of preemptive rights, trends in the development of law, Preemptive right, priority right of inheritance, Right of pre-emption, exclusive preemptive rights
Article was received:28-03-2018
This article written in Russian. You can find full text of article in Russian here .