Position and protection of the interest of the holder of the right of preferred purchase of agricultural land

Rajnović, Ljiljana and Cico, Snežana (2022) Position and protection of the interest of the holder of the right of preferred purchase of agricultural land. In: International scientific conference "Sustainable agriculture and rural development II". Institute of Agricultural Economics, Belgrade, pp. 283-290. ISBN 978-86-6269-111-8

Text Rajnović, Cico - IEP (2022).pdf - Published Version Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (190kB)

Abstract

The right of pre-emption is a way of acquiring property rights on real estate, but it is essentially different from acquiring property rights on other grounds. The right of pre-emption is established by law primarily with the aim of not shredding the plots unnecessarily, so the owner of agricultural land during the sale is obliged to offer the agricultural land to the person who has the first pre-emption. If that person is not interested in buying agricultural land, the seller can sell it to a third party, but not on more favorable terms. Failure to comply with this legal obligation leads to a sanction that can be reflected in the annulment of the contract of sale with a third party who is not the holder of the right of pre-emption. Although this obligation is established by law, in practice there are frequent cases of playing the right of pre-emption of natural and legal persons, while the same right of the state is respected, which puts other holders of pre-emptive rights in an unequal position. In this paper, the authors analyze the position of the holder of the right of pre-emption and and seek to find solutions to this problem.

Actions (login required)

View Item