Satın almaqda üstünlük hüququndan istifadə edilməsinin qarşısını almaq məqsədilə simulyasiyaya yol verilməsi
The article addresses the issue of the right of preemption, which is a form of limitation on property rights, and differentiates its grounds for emergence while illustrating how it restricts property rights. Special attention is given to the issue of the right of preemption arising from the law, with an examination of cases where simulation is employed to prevent the exercise of this right. The essence of the concept of simulation is explored, its types are identified, and its place in the civil legislation of the Republic of Azerbaijan is determined. The article lists practical situations where simulation may manifest in connection with the present issue, providing answers to the question of whether the person entitled to the right of preemption can exercise this right in each specific case. Finally, the author determines the legal remedies available to the person entitled to the right of preemption if they are deprived of this right as a result of simulation. Keywords: property, purchase-sale, donation, preemption, transaction, shared ownership, buyer, price.
Authors
- Huseyn Irzayev
Publication Details
- Journal
- Azerbaijan Law Journal
- Published
- 2024-12-25
- DOI
- https://doi.org/10.61638/gxgp1577
- Primary Topic
- Modeling, Simulation, and Optimization
- Type
- article
- Field-Weighted Citation Impact
- 0.00