Contracts which negative the right of pre-emption

Abstract

The right of Pre-Emption derives directly from the law (s.1491). It consists in the right of a person of assuming a sale made to another person, succeeding to all his rights and obligations (s.1508). Following Pothier, our legislator, has incorporated the Sections relating to Pre-Emption under the title concerning the contract of Sale; however, it is not sale alone that might be affected by Pre-Emption, but any other contract where the nature of sale predominates, such as datio in solutum, where the price is compensated with a debt of the seller towards the purchaser. Moreover, on any Emphyteutical or subemphyteutical grant, the right of pre-emption shall also be competent in regard to the dominium Utile, saving the right to preference granted by law.