الطعن بصورية ثمن المبيع و أثره على التزام الشفيع بإيداع قيمة العقار المشفوع فيه

الملخص EN

This study examines the impact of challenging the unreality of the sold price on the preemptor obligation to deposit the price of property subject to preemption.

It shows that depositing the price of property is a pre-request to accept the preemption suit.

The preemptor may seek proceedings only when the price referred to in the contact of sale is more than the real one.

However, the two parties (the seller and buyer), have the right to challenge the mentioned price if it is less than the real one.

The study shows also that the preemptor is obliged to deposit the mentioned price, except in cases where a price is challenged at the outset of the legal proceedings.

In such cases, he or she may deposit what is believed to be the real price.

If the unreality of the sold price is proved, a preemptor would only deposit the real price as it is decided by the court.