THE PRE-EMPTION RIGHT ON REAL ESTATE DURING PUBLIC SALES IN THE MACEDONIAN AND SERBIAN LEGAL SYSTEMS

Апстракт

In this paper, the authors examine the right of pre-emption established on
real estate (land parcels, building units, and other types of real estate). The authors
analyze both contractual and legal rights of pre-emption since they lead to different
legal consequences. When analyzing the right of pre-emption, the authors focus on
the exercise of these rights in enforcement proceedings, highlighting the problems
that individuals face when exercising their rights during these proceedings. The
given analysis of the pre-emption right in this paper is a comparative one and
includes the Macedonian and Serbian legal systems. By giving a comparative
analysis of the exercise of the right of pre-emption in enforcement proceedings, the
authors aim to underline the problems and offer legal solutions on how such issues
can be resolved in the Macedonian and Serbian legal systems. The authors call for
the adoption of a more efficient and contemporary regulation on the issue from
which both legal systems can benefit.