Titularul dreptului de preempţiune legală – spectator sau actor?
The holder of the legal pre-emption right – a spectator or an actor?

Summary/Abstract: Civil Code frequently uses the concept of third party, however, its meaning is different depending on the matter considered. For example, in the matter of real estate publicity, third parties shall be the persons likely to claim that they are themselves holders of a real right over an asset which, actually, belongs to another person, and in the contractual field, they are the persons who participated neither personally, nor by representative in the conclusion of the legal instrument and in relation to whom the respective act shall not produce any effects. The question of legal preemption rights is closely related to the matter of contracts, which have proliferated and are subject to some various legal regimes. The fact that the expression of the intent to sell an asset or the conclusion of the contract itself, as the case may be, shall result in the preemption right making its holder a person with a certain degree of involvement in the process of conclusion of such a legal instrument. By using the metaphor of the performance, I have tried to determine which is the degree of involvement of the preemptor in these proceedings, depending on the manner in which preemption rights are exercised, on their legal nature and on the sanctions provided for by law for their non observance. Thus, I have found that the preemptor is a character which can often determine its position of its own free will in relation to the expected contract to be concluded or which has already been concluded.

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