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

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.