Document Type : scientific

Authors

• Abdullah Bahmanpouri ¹
• Abolfazl Alishahi Qalehjuqi ²
• Sayyed Sadrullah Samadi ³
• Fatemeh Qodrati ⁴

¹ Associate professor in the Department of Theology at Yasouj University

² Associate professor in the Department of Theology at Farhangian University

³ MA of Theology at Yasouj University

⁴ Associate professor, Department of Jurisprudence & Islamic Law, University of Hazrate Masoumeh, Qom

Abstract

The exclusiveness of property to two partners (monopoly of property) is one of the conditions stated by jurists in the implementation of the right of pre-emption (Arabic: حَقّ ‌الشُّفْعة) and the application of this right is doubtful, if there are more than two partners. The issue of the research is that the views on the documents of the famous theory about the monopoly of the ownership of the shared object to two partners face serious criticism in creating the right of pre-emption and the famous opposition view is strengthened according to stipulated Ḥadīths (narrations) in breaking this monopoly and the main criterion of the right of pre-emption i.e., negation of damage. Criticizing the monopoly of ownership of the partnership property of two partners in order to prove the right of pre-emption is the purpose of this article and one of the causes of taking possession is using pre-emption which is emphasized in Article 140 of Civil Code of the Islamic Republic of Iran. The main achievement of this research, which is based on the analytical-descriptive method is that the right of pre-emption is general based on the fundamentals and narrative proofs (verbal evidence) and reasoning of narrations in the philosophy of making the right of pre-emption and this right is also acceptable where there are more than two partners.

Keywords

• Using pre-emption
• Partners
• Exclusive ownership (monopoly of property)
• Prohibition of detriment (Arabic: لاضَرَرَ
• principle of harm)
• Article 808 of Civil Code of the Islamic Republic of Iran

Main Subjects

• Jurisprudence & Law