The Right of Pre-Emption Under the Legislation of North Macedonia

Abstract

The right of pre-emption represents the authorization that a person has, based on the law or the contract, to request from another person to acquire the right to emption the item in the case of the sale of a certain item. The object of the right of pre-emption can be all movable and immovable possessions. When the right of pre-emption is created by agreement for the real estate, the same must be registered in the public register as a temporary registration. The fact of registration also creates effects on third parties. The legal right of pre-emption comes directly from the law or from any by-law act. The legal right of pre-emption appears in co-ownership, joint ownership, floor ownership, agricultural land, construction land, right of pledge, and other similar possessions. The legal right of pre-emption is provided by the provisions of the Law on ownership and other real rights; by the Law on agricultural land; by the Law on enforcement; and by the Law on the sale of agricultural land owned by the state. The contractual right of pre-emption is established by agreement between the parties which is mainly foreseen in the sales contract or with a special contract that consists of the right of pre-emption as its’ creation object. Unlike the legal right of pre-emption, which is permanent, the contractual right of pre-emption has a deadline depending on the will of the parties. This right can last for a maximum of five years from the moment of concluding the contract.

Keywords: the right of pre-emption, co-owners, legal pre-emption, pre-emption contract, pre-emption bearer

DOI: 10.7176/JLPG/125-08

Publication date:October 31^st 2022