The pre-emptive right in contemporary Romanian legislation from restriction to liberalisation Cover Image
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Dreptul de preempţiune în legislaţia română contemporană între restricţionare şi liberalizare
The pre-emptive right in contemporary Romanian legislation from restriction to liberalisation

Author(s): Manuela Tăbăraş
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: pre-emptive right; sale and purchase agreement; agricultural land; freedom of contract

Summary/Abstract: Pre-emption is an ancient institution in Romanian law that has enjoyed extensive studies, articles, monographs, doctoral theses, etc. but in the last few years the institution has been in a continuous transition and change that justifies a new, non-exhaustive, radiography of the main legislation which governs, by means of rules of ordinary law, or, on the contrary, of a special nature this institution dedicated to all natural or legal persons, regardless of the category, and to a wide range of goods, regardless of their nature, which not only restricts the absolute contractual freedom of the seller and the free movement of goods but, paradoxically, ensures the liberalisation of the land market, according to the obligations of the Romanian State, so that foreign citizens, natural persons from the European community can buy without restrictions agricultural lands outside the urban area.

  • Issue Year: 2014
  • Issue No: 06
  • Page Range: 314-327
  • Page Count: 14
  • Language: Romanian