القانون الواجب التطبيق على إفلاس الأجنبي المستثمر في منظومة دول مجلس التعاون الخليجي في إطار القانون النموذجي للإعسار عبر الحدود

الملخص EN

The bankruptcy has a vital role in supporting the commercial liability because it forms a guarantee that the debtor will meet his debts in due time by narrowing and preventing him from harming creditors.

The aim of this study is to identify the law that applies to the ruling on the bankruptcy of the foreign investors in the Gulf Cooperation Council (GCC) regime with respect to the regional agreements and the model law for insolvency across the borders.

The study concerns the GCC in that it recently adopts - in internal commercial systems - trade and economic openness policies, and the pursuit and stimulation of foreign investment as it joins international commercial agreements.

This study adopts a mixed-methods data analysis that involves analyzing the data analytically, descriptively and comparatively.

It results to the adoption of a convention on the implementation of bankruptcy in any of GCC's countries with regard to its citizens only, excluding foreigners.

It is possible as well to issue a ruling declaring the bankruptcy of foreigners despite the existence of debtor’s money in another foreign country.

The study recommends that it is necessary to remove all obstacles that prevent the accreditation of the Unistralmodel law appertaining to insolvency across the borders of (GCC).