Preemptionrätten

Preemptionrätten, often translated as pre-emption right or right of first refusal, is a legal concept that grants a party the right to be the first to purchase a specific asset or property before it can be offered to others. This right typically arises from a contract or is established by law. In essence, if the owner of the asset decides to sell, they must first offer it to the holder of the pre-emption right under the same terms and conditions they would offer it to a third party. The holder of the pre-emption right then has a specified period to decide whether to exercise their right and purchase the asset. If they decline or fail to respond within the given timeframe, the owner is free to sell the asset to any other interested buyer.

Pre-emption rights are commonly found in real estate law, particularly concerning co-ownership or leasehold agreements. They can also appear in corporate law, for example, in shareholder agreements, where existing shareholders may have the right to buy shares from a departing shareholder before they are sold to an outsider. The purpose of pre-emption rights is often to maintain control over ownership, prevent unwanted third parties from acquiring an interest, or to facilitate orderly transitions of property or shares. The specifics of how a pre-emption right is exercised, including notification procedures and deadlines, are usually detailed in the contract or legal provision creating the right.