Pre-Emption

Pre-Emption
"Legal Lexicon":
PRE-EMPTION - The right of preemption is the right of a nation to detain the merchandise of strangers passing through her territories or seas, in order to afford to her subjects the preference of purchase.
This right is sometimes regulated by treaty. In that which was made between the United States and Great Britain, dated the 10th day of November, 1794, it was agreed, after mentioning that the usual munitions of war, and also naval materials should be confiscated as contraband, that "whereas the difficulty of agreeing on precise cases in which alone provisions and other articles not generally contraband may be regarded as such, renders it expedient to provide against the inconveniences and misunderstandings which might thence arise. It is further agreed that whenever any such articles so being contraband according to the existing laws of nations, shall for that reason be seized, the same shall not be confiscated, but the owners thereof shall be speedily and completely indemnified; an the captors, or in their default-the government under whose authority they act, shall pay to the masters or owners of such vessel the full value of all articles, with a reasonable mercantile profit thereon, together with the freight, and also the damages incident to such detention."
By the laws of the United States the right given to settlers of public lands, to purchase them in preference to others, is called the preemption right.
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English-Chinese law dictionary (法律英汉双解大词典). 2013.

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Look at other dictionaries:

  • pre-emption — (n.) also preemption, c.1600, lit. the right of purchasing before others, from PRE (Cf. pre ) before + EMPTION (Cf. emption) …   Etymology dictionary

  • pre-emption — 1. the right of buying before anyone else. 2. in international law, the right of a state to buy the property of another power in transit over its territory (or allow its own nationals to buy it). 3. in the USA, laws passed from 1841 onward… …   Law dictionary

  • pre-emption law — pre|emp|tion or pre emp|tion «pree EHMP shuhn», noun. 1. U.S. and Canada. the act or right of purchasing before others or in preference to others: »It is neither right nor legal that Mr. Hardy s preemption should gobble up over 250 acres of hay… …   Useful english dictionary

  • pre-emption rights — Where a company proposes to issue new shares, existing shareholders may have the right to be offered a pro rata part of the new shares before they are offered to a new shareholder. The rights are contained either in the Articles of Association or …   Law dictionary

  • Pre-emption Group Guidelines — Voluntary guidelines produced by representatives of listed companies, investment institutions and corporate finance practitioners. They relate to issues of equity securities for cash other than on a pro rata basis, setting out the extent to which …   Law dictionary

  • pre-emption agreement — Standard document England, Wales A pre emption agreement for use where a buyer wants the opportunity to buy a property in the event of the seller deciding to dispose of it during an agreed period. It is drafted from the point of view of the buyer …   Law dictionary

  • pre-emption clause — a clause usually found in the articles of private companies designed to restrict the opportunities of shares being sold outside a prescribed group of people. Essentially, the clause provides that no shares are to be transferred to any person who… …   Law dictionary

  • Pre-emption right — A pre emption right is a right to acquire certain property in preference to any other person. It usually refers to property newly coming into existence. A right to acquire existing property in preference to any other person is usually referred to …   Wikipedia

  • pre-emption rights — When a UK company issues new shares, it is obliged by law to give existing shareholders the opportunity to purchase the new shares on a pro rata basis to their existing shareholding in the company. This right is usually implemented by means of a… …   Financial and business terms

  • pre-emption rights — A principle, established in company law, according to which any new shares issued by a company must first be offered to the existing shareholders as the legitimate owners of the company. To satisfy this principle a company must write to every… …   Accounting dictionary

  • pre-emption rights — A principle, established in company law, according to which any new shares issued by a company must first be offered to the existing shareholders as the legitimate owners of the company. To satisfy this principle a company must write to every… …   Big dictionary of business and management

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