Summary

The institute of the right of pre-emption that is not modern by its nature but goes back to the age of estates has its place also in contemporary legal use. The work of a notary concerns, above all, the rights of pre-emption related to immovables, including the rights of pre-emption of co-owners. There are various issues related to the right of pre-emption of co-owners, which continue provoking discussions and a varied number of opinions, and which are not comprehensively and unambiguously regulated by law. Many theorists and practitioners would be familiar with questions arising in a situation when the right of pre-emption is exercised by several co-owners (joint or several right of pre-emption, legal relations between co-owners who exercised the right of pre-emption, etc.) or issues related to the absence of efficient regulation governing the duty to give notice between the parties.

In this article, the author briefly analyses the premises of the breach of the right of ownership prescribed by the legislator – the right of pre-emption of co-owners – pinpointing the more important objectives of the right of pre-emption vested in co-owners, the interests protected by the objectives, the rights breached, and proposes alternatives to the applicable regulation, applying as a means also the supervision of the constitutionality of the right of pre-emption of co-owners.