Explanation of Article 667
The article addresses the statute of limitations in the pre-emption claim; it clarifies that the pre-emption claim is subject to a statute of limitations of one hundred and eighty days from the date of the sale contract registration. This period, unlike the two periods mentioned in the previous article (666), is a statute of limitations period, not a forfeiture period. Therefore, the rules of limitation apply to this period—i.e., the one hundred and eighty days—in terms of suspension, interruption, and other related matters.
It is clear from the provisions of articles (666) and (667) that the periods in pre-emption, whether they are forfeiture periods or limitation periods, do not fall outside of two scenarios:
The first scenario: If the seller or buyer notifies the pre-emptor of expressing their desire, this scenario does not fall outside of two assumptions: A- If the pre-emptor does not inform them of their desire for pre-emption, the forfeiture period for pre-emption is ten days from the date of notification. B- If the pre-emptor informs them of their desire for pre-emption and it is not granted to them, the pre-emption is forfeited if the lawsuit is not filed within thirty days from the date of notification.
The second scenario: If neither the seller nor the buyer notifies the pre-emptor of expressing their desire, the pre-emption claim is subject to a statute of limitations of one hundred and eighty days from the date of the sale registration.
Related To
Article 667
A right of first refusal claim may not be heard upon the lapse of 180 days from the date on which the sale is registered.