PROVISIONS OF PREEMPTION IN THE CIVIL CODE

Abstract

Preemption as one of the reasons for acquiring ownership is the right to own the sold item from its purchaser under the same terms of sale. And if preemption has an economic benefit in compiling what is different from the right of ownership, such as adding the right of usufruct or ending the state of commonness, it represents a restriction on the freedom of ownership, disposal, and contracting. Accordingly, the buyer finds himself forced to give up the property he bought, and the seller finds himself a party to a contract with a person other than the one with whom the sale was concluded. At the same time, the intercessor finds himself a party to a contract that he did not participate in and did not discuss its terms. And because pre-emption is an exceptional restriction on the freedom of contract, the legislator has surrounded it with a set of restrictions and procedures. He restricted the right to it to specific cases on the one hand, and set the necessary controls for the use of this right, and determined the penalties for violating it on the other hand. And because many are ignorant of the pre-emption procedures, which result in the loss of their rights, it has become a fertile ground for the opinions of jurisprudence and the rulings of the judiciary.