The Legal Status of Distribution of Undivided Shares of Exchange in the Voluntary Transfer of Common Property in Judicial Decisions

In this article, the legal status of exchange resulting from the voluntary transfer of common property is examined from the perspective of judicial procedure and Imamiyyah jurisprudence and its effect on the formal and ritual rules of filing legal and criminal lawsuits related to the transfer of common property has been analyzed in order to reduce the difference of opinions of the courts and move the current scattered procedure towards a unified procedure. By examining and analyzing judicial practice, legal doctrine and the opinions of Imamiyyah jurists and authentic Islamic texts, the conclusion was reached that if the joint property is transferred to a person or other persons in a single contract and with a total exchange, the principle is based on the dissolution of the company and lack of flow. Distribution is in a contract and the claim of each of the former partners is independent from the others, because with the dissolution of the contract to the number around it, each of the sellers has the right to file a lawsuit and claim for his own share, and there will be no right for the other partner in the price received. However, according to the received news and based on the unity of the criteria of Article 606, in case of the inability of the buyer to pay the demand, the partner who has not received the price has the right to refer to the partner who collects the price, unless the inability occurs due to the partner's procrastination and delay.  Also, in the end, it is proposed to add another clause to Article 587 while amending the civil law, and to consider the voluntary transfer of common property in exchange for the company's liquidation.