The procedural conditions for merit of pre-emption in Yemeni civil law

Abstract

Pre-emption as legal system related to the reason of legalizing it Yemeni legislator limited its range according to circumstances of life in Yemen.

For that cause pre-emption is limited in cases of sharing properly the same time Yemeni legislator considered the cases of neighborhood out of the range of pre-emption whether it was adjoining or not.

But life in Yemen made too many problems related to pre-emption which could get wider or narrower depending on how clear the judgments of pre-emption are and how fallowed they are whether by beneficiaries of preemption who are the partners of common properties or people that are meant to execute the clearness of that judgments and spreading the culture of legal awareness about it for the beneficiaries of pre-emption are considered main elements to decrease these problems an order not to distract the courts with simple matters could be avoided by part of legal awareness.

The majority of these problems may relate to merit of pre-emption which made us write about its merit in Yemeni civil law specially that Yemeni legislator arranged it through organizing two important sides one of them is the objective side and the other is the procedural side where the Yemeni legislator began with the objective side which is stating the reason and the objective conditions for merit of pre-emption that we took in the previous number of this blessed magazine as he organized the other side which relates to procedural conditions for merit of pre-emption which means requesting pre emption with right way that is the object of our current research which we discussed it with descriptive analytical method for the texts that arranged it in Yemeni law that is in two topics the first one comprised the statement for the cases of nullifying pre-emption and the second one comprised the statement of procedures for requesting pre-emption in Yemeni law whether it was requested by agreement with the buyer directly or by the court depending on lawsuit to face the buyer to come out with the most important conclusions.