Full text of the paper:
Collected Papers of the Faculty of Law, University of Novi Sad
2018, vol. LII, No. 4, pp. 1521–1532
Language of the paper: Serbian
Original Scientific Article
udk: 347.239:347.238.2
doi: 10.5937/zrpfns52-20178
Author:
Radenka Cvetić, Ph.D., Full Professor
University of Novi Sad
Faculty of Law Novi Sad
r.cvetic@pf.uns.ac.rs
Abstract:
Pre-emption right, at the same time, can be regarded as limitation of the co-owner’s freedom to dispose of his share, and as a part of the legal mechanism which leads to the “relaxation” of a complex social relationship. When examining reasons that favour the existence of a statutory pre-emption right of a co-owner, one ought to commence with the legal position of the co-owner – seller. Indeed, one ought to assess if the optimal protection of his economical interests has been compromised by favouring other co-owners as buyers. In the given context, this article enumerates reasons that justify the subsistence of the statutory pre-emption right of the co-owner.
Keywords:
co-ownership, statutory pre-emption right, economical interest of the co-owner – seller, reasons that justify favouring of the co-owner as buyer.