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Explanation of Article 669

Explanation of Article 669

The article clarifies the time at which the preemptor's ownership of the sold property is established, and there are two scenarios:

The first scenario is when preemption is through litigation, in which case the preemptor's ownership of the preempted property is established from the time of the judgment affirming the preemption.

The second scenario is when preemption is by mutual agreement; in this case, the preemptor's ownership of the preempted property is established from the time the buyer acknowledges the preemptor's right, i.e., from the time the buyer accepts after the preemptor expresses their desire to exercise preemption.

Accordingly, the judicial ruling affirming preemption or the mutual agreement to it transfers ownership rather than reveals it; thus, the preempted property does not become the preemptor's property until after this ruling or agreement.

The benefit of determining the time of ownership is to arrange the effects of ownership from that time, including determining who is entitled to the fruits of the preempted property.

The article also pointed out the necessity of observing registration rules, so if the system requires registration for the transfer of ownership of the preempted property, then ownership does not transfer without it.

Article 669

Ownership of the sold real property shall be established to the holder of the right of first refusal from the date on which a ruling is issued establishing the right of first refusal or from the date on which the holder of the right amicably receives the property from the buyer, subject to the legal provisions governing the registration of real property.