TRIBUNAL OF TANTA. 12 MAY 1917. MM. Mustafa El Nahass Bey (Pres.); Yussef Mina Effendi, Gamal Eddin Abaza Effendi (JJ.). DAME EHSAN HANEM v. MUHAMMAD EFFENDI MAZHAR AND OTHERS. I. Pre-emption—Declaration of intention to pre-empt—Form. II. Co-ownership—Right of redemption by co-owner—Right of pre-emption—Distinction. (I. Pre-emption law of March 23, 1901—II. Art. 462 C.C.: Pre-emption law of March 23, 1901). I.—The declaration of intention to pre-empt, which the law requires, need not necessarily be made by a separate document; it may be made in the summons in the pre-emption action. (1) II.—The right of redemption accorded by Article 462 C.C. to the original co-owners as against the transferee of an undivided joint share is distinct from the right of pre-emption. Every original co-owner is entitled to redeem such share, whatever be the cause of the co-ownership; and he may exercise his right up to the time of partition, unless he has acted in a way to imply recognition of the transferee's co-ownership. (2) (1) Cf. Trib. Tanta, 16 July 1910 (O.B. XII, No. 9); App. Mixte, 1 May 1902 (B.L.J. XIV, p. 275). (2) Cited in the judgment: DE HULTS, Répertoire de Droit Civil Egyptien, Vol. IV, V° Retrait d'indivision. Cf. App., 22 April 1913 (O.B. XIV, No. 92); App. Mixte, 5 March 1896 (B.L.J. VIII, p. 118); App. Mixte, 7 Feb. and 11 March 1907 (B.L.J. XIX, pp. 114 and 152); App. Mixte, 11 Nov. and 26 Dec. 1907 (B.L.J. XX, pp. 16 and 43). Contra, App. 2 May 1901 (O.B. III, No. 15); App. 31 March 1906 (O.B. VIII, No. 13); App. 10 July 1906 (GELAT, Code Civil Annoté, Art. 462, No. 7); Sum. Trib. Fashn, 31 Dec. 1916 (O.B. XVIII, No. 96).