Zbornik, Vol. 31 No. 1 Supplement, 2010.
Pregledni rad
INFRINGEMENTS OF THE RIGHT OF PRE-EMPTION AND SANCTIONS FOR THE WRONGDOERS
Iva Tuhtan Grgić
; Pravni fakultet Sveučilišta u Rijeci
Sažetak
In Croatian legal system the institute of the right of pre-emption has been regulated by the Civil Obligation Act, which contains detailed provisions on contractual pre-emption law, as well as by numerous special real property legal regulations. The Civil Obligation Act, with respect to the rights of pre-emption regulated by the law, has been applied as lex generalis. The author in the article has narrowed down her legal analysis scrutinising only one segment of the right of pre-emption –its infringement and corresponding sanctions. The first part of the article is dedicated to actions and circumstances present in situations in which the right of pre-emption is violated. In addition, the analysis of circumstances allowing implementation of sanctions in certain infringement cases is given as well as an overview of sanctions prescribed for failure to comply with provisions governing the right of pre-emption. The author also points at imperfections of positive legal solutions, which are mostly caused by a great number of special regulations not being harmonised among themselves and frequently offering solutions in collision with the general regulation of real property and civil obligations. Non-systematic character and lack of harmonisation of numerous special regulations have a negative effect on legal security and instigate numerous doubts in practice, especially in cases of competition of several rights of pre-emption on one object. The author offers a number of proposals de lege ferenda, and calls for systematic regulation of the entire law governing the right of pre-emption.
Ključne riječi
right of pre-emption; infringement of the right of pre-emption; sanctions prescribed for failure to comply with provisions governing the right of pre-emption; competition of the right of pre-emption
Hrčak ID:
53532
URI
Datum izdavanja:
8.4.2010.
Posjeta: 15.668 *