The objective judgments for merit of pre-emption in Yemeni civil law

Abstract

The objective judgments for merit of pre-emption in Yemeni civil law By the noun of Allah the most merciful with praying to prophet Muhammed. The system of pre-emption is one of the most important systems in Yemeni society according to the nature of private properties which is common usually among people, because of inheritance so many people in Yemeni society still feel that dividing common money go against family bond and social union of the one large family, this fact made too many conflicts related to pre emption these conflicts could increase or decrease because of differences in understanding legal texts which organize the system of pre-emption, that made us write about some of these differences and We chose what relates to the merit of pre-emption in Yemeni civil law, Yemeni legislator arranged the merit of pre-emption through organizing two important sides one of them is objective and the other is procedural, for that reason it was important to put this issue on the table of scientific research because this issue has scientific and practical importance in the same time, this research discussed the objective side of pre-emption fallowing the analytical descriptive method for legal texts that organize it in Yemeni civil law and that was discussed in three topics, the first topic contained statement for the definition of pre-emption and portraying it even in general to be judged by the fallowing judgments and that will be judgment on what was meant in general above all judgment on thing is part of portraying it, the second topic contained statement for the conditions and grades of pre-emption with its merit, in the third topic we discussed the conditions of its merit in Yemeni civil law to come out with the most important conclusions and recommendations regarding the object discussed in the research.