Conditions and Effects of Issuing a Bankruptcy Order in Iran, England, and America's Commercial Law with an Approach to the New Commercial Law Bill
Akhlāq-i zīstī i.e., Bioethics Journal,
Vol. 12 No. 1 (1401),
3 December 2022
,
Page 1-10
https://doi.org/10.22037/bioeth.v12i1.42737
Abstract
Background and purpose: Bankruptcy in Iranian laws is imposed on a businessman who cannot pay his debts and cannot fulfill his obligations. Bankruptcy in three types of ordinary bankruptcy, bankruptcy due to fault and bankruptcy due to fraud, which need to be examined in Iran's commercial law.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and articles.
Ethical considerations: IN this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Results: The bankrupt businessman is prohibited from interfering with all his property from the date of the judgment. In the United Kingdom, suspended companies are not bankrupted, and they apply a method equivalent to bankruptcy.
Conclusion: In America, bankruptcy is based on the legal systems of 53 different states. Due to its federal nature, it is one of the leading systems regarding conflict resolution rules. According to common law in England, suspended companies are not bankrupt, and the method equivalent to bankruptcy in their case is their liquidation and liquidation. Bankruptcy regulations in the common law of England, unlike Iran's laws, are not only for businessmen but also include non-businessmen and civil companies.
- Bankruptcy order, Iran, England, America, new bill
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