Professional Documents
Culture Documents
Pre-emption
Definition of Pre-emption and the
effect of Death of Pre-emptor
Department of Law
THE UNIVERSITY OF AJ&K
1 Pre-emption By: Ahmad Ali khan
Index
➢ Definitions of Pre-emption
• Death of Pre-emptor
➢ Conclusion
➢ References
2 Pre-emption By: Ahmad Ali khan
Pre-emption
Definition of pre-emption
1.a: The right of purchasing before others especially: one given by the government to the
actual settler upon a tract of public land.
b: The purchase of something under this right.
3.a: A doctrine in law according to which federal law supersedes state law when federal law
is in conflict with a state law Even without an express provision for preemption, we have
found that state law must yield to a congressional Act in at least two circumstances.
— Crosby v. National Foreign Trade Council
— called also federal preemption
b: A doctrine in law according to which the legislation of a superior government (such as
a state government) supersedes that of an inferior government (such as a municipal
government) in conflicts of law.
5: The right of a First Refusal or the right of the shareholder to buy shares of newly issued
stock in proportion to existing holdings before a public offering is made in order to prevent
dilution of ownership interest or seizure of majority control by management
According to Wikipedia:
A pre-emption right, right of pre-emption, or first option to buy is a contractual right to acquire
certain property newly coming into existence before it can be offered to any other person or
entity. It comes from the Latin verb emo, emere, emi, emptum, to buy or purchase, plus the
inseparable preposition pre, before. A right to acquire existing property in preference to any
other person is usually referred to as a right of first refusal.
The Rights of shareholders to buy new shares in the same company when they become
available, before others are allowed to buy them, is termed as Pre- emption Rights.
A right of pre-emption will usually relate to a freehold sale, but sometimes gives the holder
of the right the opportunity to take a lease of premises when and if the owner decides to let
them.
Preemptive Right
References
➢ The Punjab Pre-emption Act 1991,
http://punjablaws.gov.pk/laws/381.html