ABSTRACT

The right of pre-emption in Serbia is mainly used for acquiring agricultural land, whereas in France the instrument is primarily used for urban purposes. Scarcity of agricultural land and public interest were some of the main reasons that kept right of pre-emption dominant in that field. The right of pre-emption had existed in Serbia as early as the Middle Ages. The right of pre-emption could be established by law, contract, and will. Statutory right of pre-emption was by far the most common in practice and was set widely, both with respect to the goods on which it was established and the persons who could be its beneficiaries. Pre-emption rights enabled enlargement of plots and thus better and more efficient use of available agricultural lands. A significant role in the controlling the implementation of the right of pre-emption is given to notaries public. Historical and political changes had a significant influence on pre-emption right.