Pre-Emption in Jurisprudence and Subject Law of Iran

The right of pre-emption is provided by the legislator in legal actions such as the sale of immovable property for some persons in the civil law of Iran. The Pre-Emption is a financial right, and in the division of financial rights, it is considered an objective right and, like other contracts, it can be revoked in two ways, explicit and implicit. The main questions that this article seeks to answer are: What are the examples of the right of the pre-emption in Iran's rules and laws? Which persons are deprived of the right of the pre-emption? The topic of this article was to investigate and recognize the right of pre-emption in the subject law of Iran, and we sought to find out what factors cause the right of pre-emption to be created for some people. Pre-emption is a long-standing system in Iranian jurisprudence and civil rights. The right of pre-emption is a right that arises only in relation to immovable property, so it is an immovable right. It is not possible to transfer the right of Pre-emption to another person, even if it is accompanied by a partner's share. In inheritance, it is transferred along with the ownership, and the heirs continue its legal personality. The right of the pre-emption is invalid for some non-eligible persons, such as non-Reshid and discerning minor, and for some persons such as madmen and the indistinguishable Immature. While answering the mentioned questions, finally, in this research, we aimed to investigate the right of pre-emption in a descriptive-analytical way and express its meaning and conditions.