On the Preemptive Right of Joint Co-owners' Share
ZHANG Peng;Soochow University,Kenneth Wang School of Law;
The object of joint co-ownership is not a single thing,but the whole"property"composed of several things. In joint co-ownership,there is also a division of potential "share",such as the partnership share in partnership property and the successional portion in common inheritance. For the transfer of partnership share,different legislation examples take different degrees of approach. China has adopted a relatively liberal legislative policy and creatively introduced the system of preemptive right for the transferring of partnership share. In order to transfer the successional portion in common inheritance,national legislations,which grant other co-owners the preemptive right while transferring successional portion,mostly take a more relaxed attitude. Our current law,which lacks an explicit stipulation on the transfer of successional portion,should follow the example of common international legislations,combining with China's actual conditions and the realization of the value of successional portion.