نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار حقوق خصوصی، دانشگاه اراک، اراک، ایران (نویسنده مسئول)
2 استادیار حقوق خصوصی، دانشگاه اراک، اراک، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The Taking of Preemption is an institution that is both considered one of the reasons for ownership and a means to avoid harm. The right of preemption is a means, not a goal. In other words, it is a means to avoid harm to the partner. One of the important issues in the discussion of the right of preemption is its relationship with the dissolution of the sale or with the conversion of the obligation to deliver the subject of the sale. In this conflict, several issues arise. If the sale between the partner and the buyer is dissolved by rescission, cancellation, and termination, does the right of preemption apply or not? Also, if the subject of the sale is returned to the seller through the conversion of the obligation by considering the change of the subject or through the ownership of what is owed, does the preemptor have the possibility of taking preemption or not? Is the dissolution of the sale compatible with taking the preemption? If it is not compatible, what is the criterion for preferring one over the other? In the conflict of dissolving the sale with taking the preemption, in each case, one is preferred over the other and sometimes they are compatible. The criterion of preference or compatibility is also the combination of the rights of the three people involved in the issue (seller, buyer, preemptor). Combining the mentioned rights sometimes requires preferring to take the preemption, sometimes preferring to dissolve the sale, and sometimes requires combining taking the preemption and dissolving the sale.
کلیدواژهها [English]
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