A Comparative Study of

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MIRSHEKARI ABBAS; Alaei saber

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Journal Paper

Paper Information

Journal: JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW Year:2020 | Volume:6 | Issue:4 (22) Page(s): 133-158

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Information Journal Paper

Title

A Comparative Study of "Pre-emption Right" in the Common Law and Civil Law Systems and Iranian Legal System

Author(s)

MIRSHEKARI ABBAS | Alaei saber | Issue Writer Certificate

Keywords

Pre-emption rightQ1

Right of Shuf'ahQ1

Right of first refusalQ1

Right of first offerQ1

Abstract

Pre-emption right enables the beneficiaries so that they can own the property subject to the right which is sold or is going to be sold. Studying this right in the laws of other countries can be heuristic in domestic law. This research is conducted through a descriptive-analytic method. Briefly speaking, Pre-emption right in the common law legal system is divided into two types of rights namely "Right of first refusal" and "Right of first offer" which have legal or contractual origin. These rights are considered at the pre-contractual stage and despite the similar function with the concept of the right of ‘ ’ shuf'ah’ ’ in domestic law, are fundamentally different it. The legal entity of "droits de preemption" in French law is similar to the "Pre-emption right" in common law. The entity of "Vorerwerbsrecht" in German law is more close to the entity of right of "shuf'ah". In both entities, the right is created after the sale of the property to the customer, and with a little tolerance, they can be considered the same. The contract of Right of Shuf'ah and the contract of Pre-emption right as in the context of the Common Law and Civil Law are valid in law of Iran.

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APA: Copy

MIRSHEKARI, ABBAS, & Alaei, saber. (2020). A Comparative Study of "Pre-emption Right" in the Common Law and Civil Law Systems and Iranian Legal System. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, 6(4 (22) ), 133-158. SID. https://sid.ir/paper/262181/en

Vancouver: Copy

MIRSHEKARI ABBAS, Alaei saber. A Comparative Study of "Pre-emption Right" in the Common Law and Civil Law Systems and Iranian Legal System. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW[Internet]. 2020;6(4 (22) ):133-158. Available from: https://sid.ir/paper/262181/en

IEEE: Copy

ABBAS MIRSHEKARI, and saber Alaei, “A Comparative Study of "Pre-emption Right" in the Common Law and Civil Law Systems and Iranian Legal System,” JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, vol. 6, no. 4 (22) , pp. 133–158, 2020, [Online]. Available: https://sid.ir/paper/262181/en

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