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Contracts and obligations · Legal glossary

Pre-emption (shuf'a)In Arabic: الشفعة

Definition

Pre-emption (shuf‘a) is a co-owner’s right to take real property that has been sold to a third party, at the price and costs of that sale, on the conditions the law sets.

How it varies across the GCC

Saudi Civil Transactions Law states it in article 658. Bahrain’s Civil Code, article 860, describes it as a right to step into the buyer’s place. Oman’s Civil Transactions Law states it in article 903.

The rules that apply to a specific matter depend on the state, any free zone involved and the current text of the law, so check the official source before relying on them.

Sources

Official texts for the points on this page. General information, not legal advice. An article number is cited only where it was verified.

  1. Saudi Civil Transactions Law, art. 658https://laws.boe.gov.sa/BoeLaws/Laws/LawDetails/655fdb42-8c96-422b-b8c4-b04f0095c94c/1
  2. Bahrain Civil Code, Decree-Law No. 19 of 2001, art. 860https://www.lloc.gov.bh/Legislation/HTM/L1901
  3. Oman Civil Transactions Law, Royal Decree 29/2013 (text on qanoon.om), art. 903https://qanoon.om/p/2013/rd2013029/

Related template

Sale agreement template

The template is a sale of movable goods. Pre-emption is a right in real property, so this file is not the vehicle for it. It is here because the price and the sale are what the co-owner matches.

Open the sale agreement template

If the asset is held through a partnership rather than sold as land, the partnership agreement records the shares. It does not create a right of pre-emption.

Open the partnership agreement template

Related terms

  • Sale contractعقد البيع
  • Usufructحق الانتفاع
  • Off-plan saleالبيع على الخارطة
All glossary terms

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General information, not legal advice.

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