حكم الشفعة في المنقول : دراسة مقارنة

Abstract EN

The pre- emption is characterized by a special legal system that departs in many of its provisions from the general rules recognized, the most prominent of which is to enable the Intercessor to force the buyer to abandon it in his favor - favor of al-Intercessor so that it leads to the exclusion of the buyer and the removal of individual ownership for the private rather than the public, which is contrary to the general rules of satisfaction.

Hence, this legal system of intercession in the movable was highly controversial, whether it was related to its nature, nature or ruling.

Despite the Iraqi civil law, it did not take the intercession in the movable when it was organized to tighten the intercession in violation of the Kuwaiti civil law, which was a pioneer in Juma to intercede in the property and the movables, but both derived the provisions of the pre- emption the Islamic sharia glue, which also differed in terms of taking the intercession in the movable or not, and reflected this disagreement on the Iraqi and Kuwaiti legislators when organizing it.

In the light of the foregoing, we will try to clarify the ruling of the pre- emption in the transfer through what is mentioned by both Iraqi and Kuwaiti legislation to compare it with Islamic jurisprudence so that we can even modestly cover that judgment by indicating what is the pre- emption in the first topic, and the extent to which the intercession is proven in the movable in a second research