Types, effects, and responsibilities of the right of priority

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

Aboolghasem Naghebi ¹ , Masoud , Karami ²

1 - Aboolghasem Naghebi, Porofessor, Department of Private Law, University of Shaheed Motahari,
2 - PhD Student in Private Law, University of Shaheed Motahari, Tehran, Iran.

Received: 2021-08-20 Accepted : 2021-10-12 Published : 2021-08-23

Keywords: Priority, right, right of priority, preferred debt, right of precedence,

Abstract :

The matter of right of priority has long been an important one and needs more attention. When trying to understand the nature of the right of priority, we should not merely limit ourselves to exceptions such as the right of stone-fencing or the right of precedence; but try to elicit the rulings and common matters regarding them through studying and understanding the examples and types of the right of priority.In this study, using a comprehensive theoretic perspective, we have worked on the matter of right of priority and its nature through identifying and studying the types of right of priority, paying attention to the singularity of the owner, and hence, providing its rulings and common questions.However, besides the examples of right of priority, rulings, and other matters regarding them such as forced and voluntary transfer of the right of priority, dropping it, and its demise in the case of the delay in executing it, have been studied. Also, the responsibility of the owner and the inhibitor of each pre-emptive right is specified.