The real price in the right of pre-emption (a comparative analytical study) | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Volume 13, Issue: 2 part 2, December 2023, Pages 104-122 PDF (720.49 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2023.141313.1026 | ||
| Author | ||
| Sipal Jaafer AL-selevani* | ||
| College of Law/University of Duhok | ||
| Abstract | ||
| Summary Preemption is the right to own the sold property even if it is forced upon the buyer, with the usual price and expenses, so ownership of the property by way of preemption is only after paying the real price at which it was sold to others in addition to the expenses, and therefore determining the real price requires special accuracy in the legislative treatment, because it violates the general rules in the field of freedom of disposal of property, which stipulate the freedom of contracts and the freedom of the owner to dispose of his property. The current research, we clarified the real price in pre-emption and what the intercessor must pay when pre-emption is achieved, as well as the rule of increasing and decreasing the price and whether the intercessor is bound by it if that happens, by referring to the legal texts on pre-emption in the Iraqi and Egyptian civil law. In addition to a statement of the time the intercessor must declare his desire for pre-emption and when he must file the lawsuit, otherwise his right to pre-emption will be forfeited. In the conclusion, we reached a number of results and recommendations that were written down in the conclusion. Keywords :Preemption, the preemptor, the real price, the increase or decrease in the price, the pre-emptive case. | ||
| Keywords | ||
| Preemption; ،the preemptor; ،the real price; ،the increase or decrease in the price; ؛; ،the pre-emptive case. | ||
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