Bibliogr. s. 20

The article provides an attempt to find a solution to the simultaneous obtainance of the right of refusal by a tenant and a co-owner. The case is not regulated by the legislator. Jurisprudence has advanced a conception which gives the right of refusal to the tenant in the first place, but the idea is not well underpinned. The author propounds another theory which gives the right of refusal to the co-owner, before the right of the tenant. He also attempts to comprehend the logic of the legislator's thinking, which might be useful to find a solution to the problem. Furthermore, the author argues that giving the right of refusal to the co-owner in the first place is a compromise for both claimants. This solution excludes any detriment to the tenant's interests and the co-owner's as well (which are connected with the protection of ownership value).