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私法上的共有包括共同共有与按份共有。我国《民法通则》、《物权法》以及最高人民法院《关于贯彻执行〈中华人民共和国民法通则〉若干问题的意见(试行)》分别对共有人的优先购买权进行了规定,包括共同共有人的优先购买权以及按份共有人的优先购买权。房屋共有人的优先购买权,其存在于共有人向共有关系之外第三人转让其份额的场合。从性质上而言,是一种形成权。在同等条件下,共有人享有优先购买的权利。本文从房屋共有人优先购买权的存在情形入手,探析优先购买权之相关概念及性质,并对其行使方式、效果进行分析。并对存在优先购买权竞存的情形,试提供处理意见。
The commonalities in private law include mutual possession and sharing. China's “General Principles of Civil Law”, “Property Law” and the Supreme People's Court's “Opinions on Several Issues Concerning the Implementation of the” General Principles of Civil Law of the People's Republic of China (Provisional) "respectively stipulate the preemptive rights of the co-owners including the co-owner's priorities The right to buy and the right to buy each co-owner. Housing owners have the right of preemption to exist where the co-owner transfers its share to a third party outside the common relationship. In nature, it is a right of formation. Under the same conditions, the common people have the right to buy first. This article starts with the existence of the preemptive right of the common owners, analyzes the related concept and nature of the preemptive right, and analyzes the ways and effects of the preemptive right. And try to provide advice on the case of the existence of preemptive rights.