Preemption receipt

What is preemption receipt?

If the immovable property is divisible between two persons and one of the two partners, transfers his share to a third party for the purpose of sale, the other partner has the right to give him the price given by the customer and to own the share of the seller. This right is called the right of intercession and its owner is called the intercessor. Pre-emption is exceptional because according to the legal principle, a property cannot be taken out of someone’s property without his consent.

Prerequisites:

• Immovable property
• Commonness of immovable property
• Divisibility of immovable property
• There are two partners
• The transfer of the joint share by means of sale
• The partner will transfer all his share
• Preemptor power over the payment of the enemy

Urgency to take Preemption Right:

According to the law, obtaining preemption right is immediate, so after the partner finds out about the sale of his partner’s share, he can exercise his right and acquire the buyer during the period that is customarily necessary for obtaining preemption right.

By taking the preemption Right:

After preemptor is informed about the sale of the common share and the amount of price that has been sold against it, and what is known to know that it is necessary to obtain pre-payment, he can immediately obtain pre-sale, ie he declares his will to own the seller in return for the price. In obtaining the intercession related to Article 216 of the Civil Code, the amount, sex and description of the price must be known to the intercessor.

Foreclosure is immovable property and real estate transactions are regulated in accordance with Articles 47 and 46 of the Law on Registration of Deeds and Real Estate in the notary public. Pre-acquisition will also take place in the same office. Therefore, the person who wants to take the foreclosure must submit the price in the deposit register fund and its official receipt to the office that made the sale and declare the receipt to the foreclosure, just as the interlocutor can obtain the receipt of the fund without going to the notary public. Deposit the price by declaration to the party.

Pre-emption rights works:

• The right of pre-emption is one of the effects of the correct sale.
• Acquisition of pre-emption.
• Separate views belong to the customer and the connection is transferred to preemptor as a result of the sale.
• The right of pre-emption is not discriminatory.
• The right of pre-emption is a financial right.
• The right of pre-emption is an objective right.
• The right of pre-emption in the transaction is not transferred to others.
• The right of pre-emption is transferred to the heir.
• The right of pre-emption can be revoked.
• The seller cannot negotiate with preemptor.

Impact of preemption right on Rituals:

Acceptance by foreclosure cancels any rituals that the customer has made before and after the contract of sale in relation to the foreclosure.

Obtaining an advance after the transfer

The rituals dissolves the contract from the time of its announcement and does not have a retroactive effect on us before it.

Options and getting pre-emptive

If one of the citizens terminates the sale as a result of one of the options and then the intercessor takes the preemption, the termination will be ineffective.

Customer material possessions in the seller

The customer can make any seizure on his share of the purchase and the pre-emption right for the partner will not prevent him from seizing it. If the customer takes possession of the seller and adds property to it, such as putting a door and window in the building and planting a tree in the ground and becomes a partner in taking advantage, the customer can separate them and take them.

If you have any questions about filing a pre-litigation claim and its rulings, or if you need guidance in drafting its provisions, our experienced counselors and attorneys at the Asia Lawyers Group will answer your questions.