tagasiostusõigus

Tagasiostusõigus, also known as the right of pre-emption or right of first refusal, is a legal right that allows a specific party to purchase an asset before it is offered to others. This right is typically established through a contract or agreement. In essence, if the owner of an asset decides to sell it, they must first offer it to the holder of the tagasiostusõigus on the same terms and conditions as they would offer it to a third party. The holder then has a specified period to decide whether to exercise their right and purchase the asset.

This legal instrument is commonly found in various contexts, including real estate, business partnerships, and intellectual property. For instance, in a lease agreement for a property, a tenant might have a tagasiostusõigus, giving them the first opportunity to buy the property if the landlord decides to sell. In business, partners may include tagasiostusõigus clauses in their partnership agreements to ensure that if one partner wishes to sell their share, other partners have the first chance to buy it, thus maintaining control within the existing group. The specific terms and conditions of a tagasiostusõigus, such as the notification period and the duration for exercising the right, are crucial and must be clearly defined in the governing agreement to avoid disputes. If the owner fails to offer the asset to the holder of the tagasiostusõigus before selling it to a third party, the holder may have legal recourse.