Jurisprudential investigation of interplay of cancelling of the contract and pre-emption on each other

Subject Areas : فقه و مبانی حقوق

akbar zakerian ¹ (.دانشجوی دکترای حقوق خصوصی، دانشگاه آزاد، اراک، ایران)
سید عبدالمطلب احمدزاده بزار ² (.استادیار گروه حقوق، دانشگاه مفید قم، قم، ایران)

Received: 2016-07-23 Accepted : 2016-09-19 Published : 2016-09-22

Keywords: Purchaser, Pre-emption, Middleman, Cancelling Of The Contract, Object Of Sale,

Abstract :

ABSTRACT: Dre-emption is a right that lawgiver under a condition has recognized it of an interests for one of the jointly-owned proprietary ,which the source of it ; is a contract of sale that is concluded between the one of the partners and third parties, since this contract may cancelled of the contract by the affected of mutual agreement , and through sales get returned to the proprietary of the seller and the price go back to the proprietary of the purchaser, there will be two situation, the first situation is a where cancelling of the contract gets before the actions of the per-emption by middleman and in the second situation cancelling of the contract gets after the pre-emption . Most jurisprudents believe that because creation of pre-emption arises as soon as the contract of sale and it as an earned right will be to the middleman ; the next cancelling of the contract can not affect it and causing it to be destroyed rather, it is pre-emption that if it be done after the cancelling of contract causes the resolve of the cancelling of contract .Against this statement , some of jurists also believe that sinse it get returned to the proprietary of the seller object of sale the cancelling of contract ; so does not remain local for the pre-emption because it's the parts of pre-emption that parts of selling owned by the purchaser. KEY WORDS: Pre-emption, Cancelling Of The Contract, Object Of Sale , Purchaser, Middleman.