Førstepåtingsprinsippet

Førstepåtingsprinsippet, also known as the first refusal right or pre-emption right, is a legal concept that grants a party the right to be the first offered an opportunity to purchase a property or asset before it is offered to others. This right is typically established through a contract or an agreement, such as a lease agreement, a partnership agreement, or a shareholders' agreement.

The principle operates by stipulating that if the owner of the asset decides to sell it, they must first offer it to the holder of the pre-emption right at a price and on terms comparable to those they intend to accept from a third party. The holder of the right then has a specified period to decide whether to exercise their right to purchase the asset. If they choose not to exercise the right within the stipulated timeframe, the owner is then free to sell the asset to any third party on terms no more favorable than those offered to the pre-emption right holder.

Pre-emption rights are commonly found in various contexts. For example, in real estate, a tenant may have a pre-emption right to buy the property they are leasing if the landlord decides to sell. In corporate law, shareholders might have pre-emption rights to buy shares from a departing shareholder, helping to maintain control within a specific group. This principle aims to provide a degree of security and control for the party holding the right, preventing them from being unexpectedly displaced or losing an opportunity due to a sale to an external party.