The Establishment of the Pre-emption Right to the Heir in Jurisprudence and Law - A Comparative Study

Abstract

The right of preemption is recognized in jurisprudence and law to protect a partner's preemptive right to purchase his sold share. However, there is a debate about the nature of this right. Some believe it is a contractor's attribute that can be passed down to heirs, while others argue it ends with the death of the preemptor. The article explores this issue, concluding that the difference in opinion is due to adapting the right of preemption. The Hanafis, Hanbalis, and Zahiris hold that it is only inherited if the preemptor expresses his desire or files a claim, while the Malikis and Shafi'is maintain that it is established for the preemptor's heirs. The Algerian legislator has adopted the former view, where the right of preemption is only set for heirs if the preemptor expresses his will to claim it before death.