عنوان مقاله [English]
As the civil code of Iran has specified, after decease of the owner of the right of preemption (shofeh) and option of cancellation, the options will transfer to the heirs. (Art. 823 and 445, civil code). but by multiple heirs and disagreement in execution of the options, as some of them request for execution and some other demand abandonment of the options, the considerable question would be that how to balance the rights of the heirs of the option’s owner and also regard the obligor’s rights? the article 824 of the civil code has specifically prohibited partial execution of preemption.
also the code civil has not specified any regulation about execution of options of cancellation, but in spite of disagreement in their justification, all of the jurists have concluded that partial execution is not permitted.
in this article we have exposed the theory of positive solidarity to consideration as a manner to justify impossibility of partial execution of preemption and option of cancellation when deceased’s heirs are multiple.