共有人优先购买权的发生及制度价值∗

摘要

共有人优先购买权是一项有着悠久历史渊源的民事特别优先权制度，在长期的历史发展中已形成一种交易习惯。由于我国法律对共有人优先购买权规定比较模糊笼统，操作性不强，才导致了纠纷的大量出现。共有人优先购买权有利于减少冲突的发生，促进交易秩序的安全稳定，有利于对共有财产的保护。规定具体的共有人优先购买权制度，不但可以降低交易成本，还可以稳定交易秩序。在现阶段，我国有必要保留共有人优先购买权制度，并对该制度进行完善。%The Preemption of Co-owners is a special civil priority right which has a long history and has be-come a trading transaction habit. The clauses about the preemption right of co-owners in our country are vague and not practical, which has led to the emergence of a large number of disputes. The preemption of co-owners is conducive to reduce occurrence of conflicts, promote a safe and stable transaction order and protect the public prop-erties. The specific provisions of the system of the preemption of co-owners can reduce the transaction cost and stabilize its order as well. In the present stage, it is necessary to retain and perfect the system of preemption of co-owners.