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2nd sentence
Shipping Address and Delivery address
Aug 15, 2008 11:18
15 yrs ago
31 viewers *
English term

Pre-emptive

English Law/Patents Law (general)
The question I would like to ask is whether the word "pre-emptive" has an opposite. Let us say that two people hold a right, and one of them has a pre-emptive right, then what kind of right does the other person have? "Post-emptive"? I don't think so. Is there a semantic gap here, or does English have a precise term for this?
Responses
3 subordinated to
4 +6 preemtive (pre-emptive) stands alone
3 -1 In Hindsight

Discussion

Arnold T. Aug 16, 2008:
Thanks Tim !
Demi Ebrite Aug 16, 2008:
Thank you! Thanks for posting that link, it is good to know this!
Gary D Aug 15, 2008:
In Hindsight, looking back, Pre-empt looking ahead, forecasting an event and preparing for it,
"In Hindsight, we should have Pre-empted they would come around the back."
Vincentius Mariatmo Aug 15, 2008:
Pre-emptive action = first action I suddenly remember my old Playstation RPG game named Wild Arms. It has a feature name "Pre-emptive strike" where you can act and decide what to do first before your opponent turn in a battle. Basically, it means you can do the first move/action.
Please excuse me if this example looks childish, but it really rings the bell for me ^^
Shera Lyn Parpia Aug 15, 2008:
another way You may want to word this as "right of X subject/secondary to Y's preemptive right" or something along those lines.
Demi Ebrite Aug 15, 2008:
'non preemptive right' is not a right In the case of BancTenn Corp. they are specifying that they can refuse to sell shares that are not preemptive, or 'non preemptive' . . . "we reserve the right to accept or reject any non-preemptive right subscription." Further policy: "Except for shares purchased upon the exercise of preemptive rights, we have the right, in our sole discretion, to accept or reject any subscription in whole or in part. As a result, you may not receive any or all of the shares for which you subscribe." I think BancTenn's attorneys used the term "non preemptive right" to enter the claim that they had the right to refuse any offer that was not preemptive - 'non preemptive' is not a standard term, thus no google hits. The point of it all though, is that if you do not have preemptive rights, you are not guaranteed purchase of any shares with that company. PS - 'preemptive' in US English doesn't use the hyphen, so I have followed our spelling ~
Tim Drayton (asker) Aug 15, 2008:
non-pre-emptive I have come across an instance of the usage of "non-pre-emptive right", which probably covers the concept I have in mind:
http://209.85.135.104/search?q=cache:jF5Ufcq54Z4J:sec.edgar-...
However, Google only produces a handful of hits for this term, suggesting that it does not have a high degree of acceptance.
Ken Cox Aug 15, 2008:
further comment On further though, I'd say that in the case of a share with a per-emptive right, the right is actually a right of pre-emptive purchase, not a pre-emptive purchase right.
Ken Cox Aug 15, 2008:
comment 'Pre-emptive' describes an action that precludes some other action. AFAIK 'pre-emptive right' is normally used with regard to shares to describe a provision that enables existing shareholders (holding shares with a pre-emptive right) to buy shares of a new share issue before they are offered for sale to other parties. In this case the other parties do not have a correspondingly defined right to purchase the shares, other than as generally understood in law by the fact that the shares are offered for sale, so there is no right that exists in opposition to the pre-emptive right. The pre-emptive right simply takes precedence over the other right.

Responses

11 hrs
Selected

subordinated to

The other person has rights "subordinated to" the first person rights.
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3 KudoZ points awarded for this answer. Comment: "If you examine the use of the term "subordinated right" in the following document, I think you will agree that this hits the nail right on the head: http://74.125.39.104/search?q=cache:QuDJf4_fEnUJ:www.almamedia.fi/release%3Frelease%3D1269+%22subordinated+right%22&hl=en&ct=clnk&cd=16"
+6
1 hr

preemtive (pre-emptive) stands alone

adj. def:
designed or having the power to deter or prevent an anticipated situation or occurrence; "a preemptive business offer"

In the context which you present, either one or both people have preemptive rights to whatever the matter is, or one has preemptive rights and the other person does not. There is no opposite or alternate term that I am aware of.

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Note added at 2 hrs (2008-08-15 13:43:26 GMT)
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In some instances, both private and public companies may issue shares to their own employees as part of a compensation program. This action is designed to motivate employees by tying a portion of their earnings to the company's earnings.

In this sort of case, some employees (usually top executives) may have 'preemptive' rights to a certain number of shares, while other employees may have a 'right' as well, to purchase or be allocated shares in accordance with their agreement, but their right is not preemptive.

If Tim is referring to a preemptive right for something other than shares, such as the preemptive right to sell real estate, or (buy/sell) a business, the meaning still holds - one person may have preemptive rights and another person, other rights, not preemptive.

In the handling of an 'estate', there can be preemptive provisions, allowing those named with preemptive rights to make decisions or take possession before others, leaving the balance of property of goods to others named, but named without preemptive rights.

One either has 'preemptive' rights or one does not.
Peer comment(s):
agree Ken Cox : see also my discussion comments (and please excuse the typos)
13 mins
Thank you, Ken - good point. Please see add'l comments in my answer box.
agree orientalhorizon : only "preemptive right" is a right, if you don't have preemptive right, you have to respect somebody else's preemptive right, what you have is something like an obligation, not a right, of course you have what right remains after the preemptive right.
2 hrs
You are absolutely correct, thank you, orientalhorizon ~ looking at some emp. agreements, I found an instance where employees were not offered preemptive rights, but were promised they would not be refused the sale of a certain number of shares
agree Shera Lyn Parpia : All good points.
2 hrs
Thank you, Shera
agree Vincentius Mariatmo : Nice explanation Demi. See also my discussion comments :D
4 hrs
Thank you, Vincentius
agree Jürgen Lakhal De Muynck
9 hrs
Thank you, jurgenlakhal
agree Phong Le
15 hrs
Thank you, phongicehcmc
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-1
11 hrs

In Hindsight

In Hindsight, looking back, Pre-empt looking ahead, forecasting an event and preparing for it,
"In Hindsight, we should have Pre-empted they would come around the back."

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Note added at 16 hrs (2008-08-16 04:11:57 GMT)
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http://bond.senate.gov/public/index.cfm?FuseAction=PressRoom...
The raid appears to have preempted a breathtakingly ambitious ``strategic plan'' agreed on by Chávez and the FARC with the initial goal of gaining international recognition for a movement designated a terrorist organization by both the United States and Europe. Chávez then intended to force Colombian President Álvaro Uribe to negotiate a political settlement with the FARC, and to promote a candidate allied with Chávez and the FARC to take power from Uribe.

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Note added at 16 hrs (2008-08-16 04:12:57 GMT)
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http://query.nytimes.com/gst/fullpage.html?res=9E0DE4DD1E3DF...
Knowing that its own bankers were among those scheduled to make pitches for the initial offering, Comcast pre-empted things by going public with its offer on Sunday, July 8. And for the cable industry, as well as the media and telecommunications bankers who specialize in the industry, there has been a fierce jockeying for position ever since.

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Note added at 16 hrs (2008-08-16 04:17:35 GMT)
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http://www.processedworld.com/Issues/issue19/i19worksdim.htm
The raid, like the blacklist, severs the workplace connections to the immigrant's potentially most helpful companions--resident fellow workers. Even the rumor of a raid can result in preemptive withdrawal from one's job so as to avoid arrest.


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Note added at 17 hrs (2008-08-16 04:21:05 GMT)
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"raid can result in preemptive withdrawal from one's job so as to avoid arrest."

And the opposite is:

*In Hindsight they should have withdrawn from their jobs to avoid the unrest*

Peer comment(s):
disagree Ken Cox : Pre-emption may result from foresight, but it is not foresight. Pre-emption prevents another person or party from doing something or strongly hampers them.
5 mins
Thank you, I have added some examples for you to cite.
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