UAE Civil Transactions Law

Article 1188

Book Three: Original Real Rights (in Rem) · Section One: Right of Ownership · Chapter Three: Modes of Acquiring Ownership · Part Six: Pre-emption (Shuf‘a) · First: General Provisions

1. If some pre-emptors are absent before exercising their right of pre-emption and the present pre-emptors take the entire pre-empted property, and then one of the absent pre-emptors returns, the returning pre-emptor shall take from the present pre-emptor that pre-emptor’s share in the pre-emption on the basis that the right of pre-emption belonged to two persons only. If a third returns, that pre-emptor shall take that pre-emptor’s share from them on the basis that the right of pre-emption belonged to three persons, and if a fourth returns, that pre-emptor shall take that pre-emptor’s share from them on the basis that the right of pre-emption belonged to four persons, and so on. 2. The purchaser shall guarantee the price of what has been taken by pre-emption. If a third-party entitlement arises therein or a defect appears, the liability shall be on the purchaser, even if the seller rescinds the sale before the property is taken from them by pre-emption.

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