FOREIGN EXPERIENCE IN REGULATING PREEMPTIVE RIGHTS TO PURCHASE LAND PLOTS (BASED ON THE EXAMPLE OF EUROPEAN COUNTRIES)

Abstract

The article examines the peculiarities of the regulation of the preferential right to purchase a real estate object using the example of the right to purchase a plot of land in European countries. The institution of the prevailing law is well known in the European legal system.Today, the issue of the pre-emptive right to purchase a plot of land has been settled in a number of European countries. These are both EU member states and other European countries. It has been found that the list of subjects with a preferential right to purchase a plot of land in different countries is somewhat different. Romanian legislation includes co-owners, tenants, owners of neighboring land plots, and the state as subjects of preferential right. Slovenian legislation – co-owners, owner-farmers of the neighboring plot for sale; tenants of the land for sale; other farmers; agricultural organizations or self-employed persons who require land or a farm for their agricultural activities; National Agricultural and Forest Fund of the Republic of Slovenia. In Poland, the preferential right to purchase agricultural land in the event of its sale is granted in the following order: to an individual - a farmer who is the lessee of the land plot offered for sale and has leased the given land plot for at least three years; The National Center for Agricultural Support. In Croatia, the Law gives a preferential right to purchase and rent agricultural land to farmers working on their own family farms or businesses registered for agricultural activities in the farm register. In Serbia, the subjects of the right of pre-emption are defined by the Law on Immovable Property, which puts all subjects, regardless of whether it is the state or other persons, in the same position. The legislative approach in the aspect of regulating the preferential right to purchase a plot of land in European countries is also marked by a number of other differences.Thus, the right of first refusal in Serbia is mainly used for the purchase of agricultural land, while in France, for example, this instrument is used mainly for urban needs.