CONCEPT OF PURCHASING RIGHTS IN COMMON CIVIL LAW.

Abstract

The main obstacle raised by the determination of the concept of purchasing rights is the lack of clarity in Spanish law to define them. Meanwhile the Spanish doctrine has not reached the agreement on the concept of the purchasing rights, mainly due to the search of solutions in comparative law. The described methodology has made undetected a key question: the determination of the moment in which may be exercised the purchasing rights it is mainly determined by the domain transfer system established in the Spanish legislation. Likewise a key element in the construction of the purchasing rights is the High Court's jurisprudence. There is a majority group of judgements that lead us to establish a concept of purchasing rights that differs from the one supported for dominant doctrine.