Document Type : Scientific Research
Authors
Abstract
One of the main issues in the civil rights is the pre-emption. From the perspective of civil rights of Iran, one of the four causes of property ownership is the pre-emption whereby the pre-emptor is the owner of his participant’s share. As defined by Article 808 of the Civil Code, “Whenever the divisible immovable property is shared between two persons and one of them transfers his share to the third party in order to sell, the other partner has the right to give the price that the customer has paid and obtain the purchased share”. Therefore, the discussion of getting the pre-emption is one of the main subjects in the jurisprudence and the civil rights. Since pre-emption and rights like it is considered some right to its owner, the discussion of the nature of this right and its non-transferability to others is one of the interesting subjects. The subject that pre-emption and its right has the financial nature is a matter of the property topics. Therefore, what is discussed in the context of the properties is also considered here.
In the following discussion, we conclude that pre-emption right is one of the financial rights which are forcibly
and optionally non-transferable, but we are restricted in range of the voluntary transmissions because the preemption right is related to the ownership principle of the immovable property that is transferred for consequential damages and it can be separately and independently transferred to another person. This distinguishes it from other financial rights. It should be noted that the current research has been performed in form of the library research method.
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