Harming the person entitled

Afrinrubi

Is not entitled to any claim that could lead to the exercise of the right of pre-emption on his/her initiative. The subject of the right of pre-emption may be both movable items, marked at least by type, and real estate. the right of pre-emption is not limited by any deadline within The obligation to respect this right rests with the seller of the goods. The right of pre-emption is a legal right. This means that the thing to which it relates may be sold to a third party only on the condition that the person entitled to pre-emption does not exercise his right Article § XFrom that moment on, the third party with whom the real estate sale agreement was concluded on condition is released.

From the obligation arising from this agreement, even if it later turns out that the declaration of the entitled person was ineffective. When cannot the right of pre-emption be exercised Pursuant to the provisions phone number list of Art. § of the Civil Code If the obligor under the right of pre-emption sold the item to a third party unconditionally or if he did not notify the entitled person about the sale or provided him with important provisions of the sales contract contrary to reality, he shall be liable for the resulting damage.



In the above regulation, the legislator listed situations that amount to preventing the entitled person from exercising the right of pre-emption , i.e.: conclusion of an unconditional sales contract by the obligor with a third party; failure to notify the entitled person about the sale; notice of sale, which provided information about important provisions of the contract that was inconsistent with reality. The occurrence of any of the circumstances described above gives rise to a claim for compensation on the part of the entitled party on general principles. There is a well-established view in the literature that it cannot be ruled out that in some situations a claim for compensation may be directed not only against the obligor, but also against a third party acquiring the subject of the right of pre-emption, if such a person acted with the intention of to pre-emption.