Jurisprudence -legal research on the canceling the right of intercession before the sale by an intercessor

Document Type : Original Article

Authors

1 Razavi University of Islamic Sciences

2 Department of Law, Razavi University of Islamic Sciences, Mashhad, Iran

3 PhD Student in Private Law, Razavi Islamic University

Abstract

In jurisprudence regarding the possibility of canceling the right of intercession before the sale; there are three different views. Most of the jurists have not accepted the cancellation of the right of intercession before the sale; some jurists have accepted it in general, and some have accepted it partially. Civil law is silent on this issue.
Legal doctrines, despite the differences, have mostly accepted the cancellation of the right of intercession before the sale (relying on the generality of Article 822 of the Civil Code and based on the unity of the criterion with Article 448). The judicial process also confirms this issue.
In this research, different viewpoints in jurisprudence and established laws were evaluated with a descriptive-analytical method, and the result was that where the intercessor offers to sell to his partner or offers to a third party to buy the partner's share with the condition that he waives the right to intercede, his right will be forfeited. Because his announcement implies a denial of the right of intercession
However, where the intercessor rejects the offer to buy the partner's share, the mere rejection of the offer does not mean that the intercessor is withdrawing from the right of intercession; rather, it is likely to be a tool for considering the profit and loss of using or not using the right of intercession in the future, according to the market situation.

Keywords

Main Subjects

Civil Jurisprudence Doctrines

Articles in Press, Accepted Manuscript
Available Online from 19 August 2023

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