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Some Remarks about the Nature of the Preemption Right for the Municipality

Author

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  • Wojciech Fill

    (Uniwersytet Ekonomiczny w Krakowie)

Abstract

Applying the preemption right by the municipality can cause many practical and theoretical doubts. These include, among others, the problem of the possibility of establishing a preemptive contractual right, the issue of omitting the form of a notarial deed when it is established, and the conditions for the application of preemption in the event of divestiture or division of burdened law. Many doubts are also related to some procedural issues. In this area some issues, such as a possibility of making changes in the content of the conditional agreement, require commentary. On the other hand, the function of the right of preemption as an instrument restricting the freedom of trade can be regarded as a broader theoretical problem. The purpose of this article is to summarise the characteristics of the issues and to identify solutions to problems related to them.

Suggested Citation

  • Wojciech Fill, 2017. "Some Remarks about the Nature of the Preemption Right for the Municipality," World of Real Estate Journal (Swiat Nieruchomosci), Fundacja Uniwersytetu Ekonomicznego w Krakowie, issue 100, pages 19-22, June.
    • Handle: RePEc:kra:journl:y:2017:i:100:p:19-22
    DOI: 10.14659/worej.2017.100.03
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    File URL: http://swiatnieruchomosci.krakow.pl/pl/sklep/pojedyncze-artyku%C5%82y/2017/numer-100/artyku%C5%82-100-03
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    More about this item

    Keywords

    preemption; municipality; contract;
    All these keywords.

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law

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