A Preferential Right to Make a Contract in Civil Law

Abstract

In the process of legislation development, the rules of law governing relations associated with the implementation and protection of preferential rights are becoming increasingly significant. Implementation and protection of preferential rights highlight the trend towards expanding the range of preferential rights in civil law. Thus, for the first time, preferential rights for the participants of corporate legal relations have been envisaged at the legislative level. In contract relations, we can mention a preferential right to conclude a new contract for a new term. This rule is enshrined in chapters of the Civil Code devoted to employment and lease agreements. Hereditary legal relationships are based on a fairly large number of preferential rights. However, despite the fact that these rights are enshrined in the law, the problem resides in the lack of legal regulation. In the article, the author attempts to disclose the content of preferential rights and their positive and negative effects for the subjects of civil relations. The article analyses a number of cases considered by the court. The author's reasoning is underpinned by conclusions and proposals for the improvement of legislation.