اثر حکم ورشکستگی بر حقوق اشخاص ذی نفع غیر مطلع در نظام حقوقی ایران با نگاهی به نظام حقوقی فرانسه

Document Type : Original Article

Author

دکتری تخصصی حقوق اسلامی، دانشگاه علم و هنر یزد، مدرس دانشگاه، وکیل پایه یک دادگستری، s.islamic@ymail.com

10.30510/psi.2024.328872.3085

Abstract

Bankruptcy is one of the important issues of business law and it is: a situation in which a businessman is unable to pay his debts. By creating a state of bankruptcy for the businessman, there are effects on him that doubles the importance of this issue; Because with the issuance of a bankruptcy judgment by the court, effects are created both on the businessman and his legal actions and on the persons involved with the businessman, including his creditors; But what exists as a legal gap and the legislator has not said anything about it, is the effect of the bankruptcy judgment on uninformed beneficial persons, which will definitely lead to losses to them if the legislator is silent and such conditions occur. While the main purpose of establishing laws related to bankruptcy is to protect the rights of creditors and interested parties.This prompted the writer to investigate the jurisprudential and legal foundations of this matter, including adherence to the rule of harmlessness, the rule of justice and fairness, prying administration of other people's property, unfair possession, and other cases by using the descriptive and analytical method and using library sources. in such a way that he can take a step towards solving the legal gap by proving this by the mentioned grounds. Also, by looking at the law of other countries including France, their position in this field should be stated.

Keywords

Political Sociology of Iran
Volume 5, Issue 1
April 2022
Pages 3123-3147

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