Избегавање права прече куповине пољопривредног земљишта
Avoiding the Right of First Refusal in the Sales of Agricultural Land

Author(s): Miroslav Lazić
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Agricultural land; The right of first refusl; Avoiding giving the right of first refusal;
Summary/Abstract: The right of the first refusal is the limitation of the right to dispose of property, preventing the property owner from freely choosing the purchaser of his/her property. Instead, it requires the owner to invite the holders of the right of first refusal -owners of the neighboring property -to make the first bid. Such limitation of free property disposal is justified by the public interest of consolidation of free agricultural land - the supremacy of common over the individual, i.e., public over private interest. In practice, however, various attempts are made to avoid giving the right of first refusal and sell the land to a third party. In search of an optimal solution to this problem, we shall point to legal dilemmas and best recourse in the context of conflicting interests of the owner/seller of the land and holder of the right of first refusal. Special attention will be given to the cases of misrepresentation of contract price, fake contracts, and the cases of determining the amount of money the holder of the right of first refusal is to deposit-contractual or market amount.

• Details
• Contents