Practical Analysis of Right of Preemption in Islamic Penal Code
Journal Title: International Research Journal of Applied and Basic Sciences - Year 2014, Vol 8, Issue 4
Abstract
In the civil law, the right of preemption is the only case that, while the owner is alive, the other one can take possession of his/her estate. For this reason, the civil law stated it after contract that is the reason for intentional ownership. In the Persian dictionary Shafa’a (the right of preemption) rhythmically is similar to “Fa’ala” and literally it means coupling one thing with another. The legal term is not far from its literal meaning right of preemption means taking possession of the partner’s shared asset by another partner. Article “808” of civil law states that: “when dividable immoveable asset is common between two partners, if one of the parties intend to sell his/her share to the third party, the partner has the right to pay the price in which the customer paid to take possession of the asset. Such right is called the right of preemption and its owner is intercessor.” Right of preemption is an exceptional decree, because based on the legal principle it is not possible to get an asset from someone without his/her agreement.
Authors and Affiliations
Mohammad Zeinali Baravati| Islamic Azad University, Science and Research Branch of Hormozgan
Keywords
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