إنقاذ المدين من الإفلاس بالاتفاق مع دائنيه في القانون التجاري الجزئري : بالمقارنة بالقانونين المغربي و التونسي

الملخص EN

Giving the debtor the opportunity to conclude an agreement with his creditors is one of the most important mechanisms that enable the debtor to be saved from bankruptcy.

According to this consensual agreement, he can restore his balance and continue his activity.

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The Algerian legislative law has regulated the provisions of judicial reconciliation in articles from 317 to 346 commercial law, specifying its conditions, procedures and effects.

However, the Algerian legislator did not clarify the boundaries between the judicial settlement and bankruptcy.

And that it is still limited to the traditional concept of bankruptcy, unlike modern legislations such as Moroccan and Tunisian legislations, where saving commercial enterprises has become an economic necessity.