Critique of the jurisprudential principles of Article 808 of the Civil Code (assigning the right of pre-emption to immovable property) Dr. Abolfazl Alishahi Ghaleh Joghi *, Farzaneh Eskandari

One of the causes of ownership is the right of pre-emption; There are conditions for the realization of the right of pre-emption, which according to the well-known view of the jurists and the civil law, which is inspired by this view in this field, one of the conditions for the realization of the right of pre-emption is the immovability of property. There is no such consensus on movable property. Some jurists believe in the proof of the right of pre-emption in movable property and others do not believe in such a right in movable property. This study analyzes the views of jurists in this regard and examines the evidence and concludes that the right of pre-emption can be applied to all property, both movable and immovable. The reason why the jurists are more inclined to the right of pre-emption in immovable property is that the pre-emption right has been established to compensate for the loss, and considering that the loss is more lasting in immovable property, they consider the immovability of property as one of the conditions for realizing the right. Pre-emption is considered, but this case can not be a reason that the pre-emption right can not be applied to movable property, but, in some cases, pre-emption right is applied to movable property. Therefore, the immovability of property under the pre-emption right is one of the conditions for the realization of the pre-emption right, has no logical justification and is not compatible with the principles and arguments of the pre-emption right.