期刊名称：Collected Papers of the Law Faculty of the University of Rijeka
印刷版ISSN：1330-349X
电子版ISSN：1846-8314
出版年度：2010
卷号：31
期号：1 Supplement
页码：231-262
出版社：Pravni fakultet Sveučilišta u Rijeci
摘要：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.
关键词：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.
