حدود ممارسة حق الشفعة إزاء الشريك المشتري للحصة الشائعة في ضوء أحكام التشريع و القضاء الأردنيين : قراءة جديدة

Abstract EN

There is no doubt that the Jordanian legislator seeks to adopt the right to be seen in the commonly-owned property not to fragment real estate property and to unify it with one hand as far as possible., preventing the entry of an alien between partners and the resulting damage, and the Jordanian legislator limiting the practice of the pre-emptive to the partner in the common property, without challenge (d) The buyer's characteristic of the common portion of which it is permissible to practise, whether it is a partner or a foreigner, which has generated a jurisprudential controversy on the subject, in the event of competing partners wishing to exercise the common share sold, how to divide them evenly without considering what they have R in common money, or as much as each one of them has a share in common money.

This study seeks to demonstrate the permissibility of the practice in the event that the buyer is a partner in the common property, and how the quota or quotas are distributed a common sold-in with multiple partners, and a clarification of the position of the Jordanian judiciary, represented by the Court of Cassation, to demonstrate the efficacy of this Legislative and judicial, and the extent to which it accords with the philosophy and wisdom of the legislator to adopt the right to be seen? To identify the shortcomings, shortcomings and contradictions in it, using the views of the jurisprudence.